Family Law in Partnership - Page 10

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How to File for Divorce: The Financial Order

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What is a financial order? It’s part of the divorce procedure. A financial order or a clean break order as it’s otherwise known, regulates such aspects of the financial agreement as spousal maintenance or alimony, payment for a capital sum or a lump sum, provide for a sale of a property or a transfer of a property and also a pension sharing order.

Caroline Saunders is the founder of Independent Legal Services which compliments family mediation. She takes the mystery out of the divorce process by helping you complete your divorce papers and make them legally binding.

When you have successfully gone through family mediation and you have a settlement agreement on all matters relating to finances, Caroline is there to help you formalise that agreement.

Unless you have a clean break order or financial consent order no matter how long you’ve been divorced, as seen in the Wyatt and Vince case, one or other of the parties can come back and ask to apply for a financial order.

Ideally when you go through your divorce process or end your civil partnership, as part of the settlement agreement you should have a financial order that deals with every aspect of the financial side of your marriage.

What happened to one of Caroline’s clients when they didn’t finalise their financial agreement? What happens when there is no court order?

A lot of couples assume that once there is a divorce that’s it but it’s is only the ending of the marriage it’s not the ending of the financial relationship between them.

How important is it to have your financial agreement. You must, must have that put into a court order.

 Independent Legal Services does this. When you have a couple that have reached agreement in relation to a divorce or civil partnership, I’m there effectively to help with all the form filling but most importantly to draft the financial order.

The financial order is what gives you a proper clean break.

If you reach an agreement together, you still will need somebody with specialised family law knowledge, preferably a family lawyer, to look at that agreement and say if it ‘s going to work in practice.

Caroline is a seasoned family lawyer and a member of Resolution which follows a strict code of practice and code of conduct so as to promote amicable and conciliatory divorce.  You can contact Caroline on:

cs.independentlegalservices@gmail.com

Phone: 07518178977

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shared parenting

Who has Parental Responsibility?

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angela-lally
Family Solicitor Angela Lally at Simpson Sissons & Brooke LLP

What is parental responsibility?

Parental responsibility defines the legal rights and responsibilities you have as a parent. It is defined by law as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.

Who has parental responsibility?

The mother of the child automatically has parental responsibility for any child born to them.

A father usually has parental responsibility either:

  • if he is married to the child’s mother, or
  • if he is named as father on the birth certificate (for any children born after 1st December 2003).

If they are not named on the birth certificate or they are named on the birth certificate but it pre-dates the change to the law in 1st December 2003 then they do not automatically have parental responsibility.

Same sex couples who are in a civil partnership or married at the date of the child’s birth will both have parental responsibility. For same sex partners who are not civil partners or married, it is possible for the second parent to obtain parental responsibility.

How do you obtain parental responsibility if you do not have it automatically?

It can be obtained either by:

  • entering into a parental responsibility agreement with the mother, or
  • applying for a parental responsibility order from the Court.
  • Entering into a parental responsibility agreement with the mother is the quickest way to obtain parental responsibility. Form (PRA1) can be downloaded from the Court website and completed by both parents. There are certain forms of identification required. The form must be signed in front of an officer of the Court so that the easiest way to do this is to make an appointment to take it to the Court office. The form does not have to be signed at the same time by mother and father so it would be possible for example the mother to sign and then provide the form to the father and for the father to sign subsequently. It must then be filed with the Principle Registry of the Family Division. There is no fee payable for filing this agreement. It will then confer parental responsibility on the father.
  • If it is not possible to reach an agreement with the mother to confer parental responsibility on the father, the father can make an application to the Court under the Children Act. There is a Court fee which is currently £215.00 although if the applicant is on a low income or in receipt of benefits then there may be a reduction in the Court fee or an exemption from paying it. Form C1 should be completed and sent to the Court together with the Court fee (or fee remission application if applicable). The Court will then return paperwork to the applicant to arrange for it to be served on the mother. It is likely that the application will be listed for a short hearing called a directions hearing and there may also be involvement of Cafcass. If at the first directions hearing the mother agrees to the parental responsibility, then an order can probably be made at that time. Otherwise, it will be listed for a hearing when the Court will actually decide whether parental responsibility should be granted or a Cafcass Officer will be ordered to file a report recommending what is in the best interest of the child in accordance with the welfare checklist.

How does parental responsibility affect child maintenance?

Child maintenance, otherwise known as child support, is a payment made to the parent with main care of the child by the non-resident parent. If, for example, the child lives with the mother, the father will be required to pay child maintenance to the mother to cover the cost of raising the child. Child maintenance is payable regardless of whether the father has parental responsibility. If there is a dispute over paternity then this can be raised with the child maintenance service.

Angela Lally – www.simpsonsissonsandbrooke.co.uk

Originally from the Sheffield area, Angela studied for her law degree at the University of Liverpool and her post-graduate qualification at the University of Sheffield, qualifying as a Solicitor in 2002. Angela has specialised in family law since qualifying and enjoys the mixture of client interaction and court work which is part and parcel of being a family solicitor.

Before joining SSB in 2009, Angela worked for two large local firms of solicitors, gaining an extensive range of skills in all aspects of family law and developing a particular interest in dealing with the financial aspects of divorce and separation. Whilst at SSB Angela qualified as a Resolution Accredited specialist, recognising her knowledge of family law matters.

Angela has a busy life outside of work, looking after 3 young children as well as regularly attending a number of fitness classes such as Zumba and Fight FX and also enjoys running. When the opportunity to relax arises, family driving holidays to France are a favourite.

 

 

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what does marriage mean to you?

What does Marriage Mean to You?

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What does marriage mean to you?

Rachel Donald
Rachel Donald

With the wedding season approaching, many of us will find our social calendars brimming with vows for the remainder of the summer months, not to mention the investment in wedding attire, presents and supportive pre wedding celebrations.

As a family lawyer, I can’t help but wonder whether many of the happy couples have given a great deal of thought to what marriage means to them from a legal perspective.

Why would they?

Every couple enters into marriage with the absolute belief that marriage is for life – “until death do us part”. It’s always the last thing on most newlyweds’ minds to even consider the possibility of their relationship breaking down and the financial impact that may have in years to come?

The Law Commission have recently issued a report recommending that more information is provided to couples before they get married so they are aware the financial implications marriage can have.

It is a sad reality that modern day Britain sees a very large proportion of marriages ending in divorce. And with rates on the rise as a society, we do not appear to be getting any better at staying together.

prenuptial agreement www.thedivorcemagazine.co.ukRecent studies suggest that married couples who make it to their 10th wedding anniversary are more likely to avoid separation. But conversely figures are rising for the so called ‘silver separators’ who are experiencing an increase in divorce following retirement.

People divorce for many different reasons but the one thing all divorcing couples have in common is that on their wedding day they had usually have very little knowledge, if any, about the legal implication of their commitment.

So, what if, the unthinkable happens and separation is contemplated?

After pooling together resources, sharing a life together and often raising a family, the idea of dividing the hard earned assets built up during a marriage is an emotional and daunting exercise for many separated couples.

What was the family home often becomes a major point of dispute. Suddenly the inheritance received by one or other of the couple during the marriage becomes an asset to protect as do the pre-owned item and chattels which one or both might have brought with them.

What about the family business – how will that be affected? How can the ‘pot’ be split?

The answers to many of these questions will depend upon the extent of the financial resources at their disposal: the first step towards a fair outcome has to be for each spouse to tell the other what they have, what it is all worth and what they each earn.

bride and groom - www.thedivorcemagazine.co.ukThe question is then how it could and should be shared. This is usually where an experienced family lawyer will ensure a fair arrangement is agreed in a constructive and amicable way.

If you have any reservations about the financial implications of marriage and the impact of a potential divorce, it is important to speak to a family lawyer and deal with any assets which you may wish to protect, such as family inheritance or a business.

It may be appropriate to enter into pre-nuptial agreements which are becoming a popular solution for many couples as they are now recognised in the English Courts.

So should we all know more about what we are entering into when getting married? Saying that there should be some legal guidance on this issue sounds very unromantic and I don’t want to put people off getting married, but I do think it’s important to know the implications of whatever endeavour we undertake so we can make informed decisions.

I have no doubt that for many of us marriage will continue to form the basis of our family units regardless of the legal implications.

But without wishing to give “something blue” to every marrying couple, would it not be better for everyone to know where they stand before saying “I do”?

 

Rachel is a Senior Associate in the Family Law Service at the city law firm Charles Russell LLP, based in the firm’s Guildford Office.

Charles Russell’s family team is within the magic circle of family lawyers and advise on domestic and international family law. Rachel specialises exclusively in family law and advises on all matters including divorce, civil partnership dissolution, pre-nuptial agreements, cohabitation and matters involving children.

Rachel has particular experience with high net worth financial cases, enforcement of matrimonial orders, cross jurisdictional maintenance disputes and appeals against the Child Maintenance Service.

Email: rachel.donald@charlesrussell.co.uk

Direct tel: 01483 252548

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Lost your Marriage Certificate?

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Sheata Karim Grayfords Family Law
Sheata Karim
Grayfords Family Law

Do you want a divorce but have lost your marriage certificate? Don’t fear; read on to find out what you can do if you find yourself in this stressful situation.

If you are going through a divorce you will be asked to supply your marriage certificate to the court. It is important that you supply this document so that the divorce can be processed officially and legally.

However, many clients do find that they have misplaced their marriage certificate over time and often ask if it is necessary to provide it – unfortunately, it is.

Read on to find out why providing a marriage certificate is important and how you can get another copy if you have misplaced it.

Why does the court need your lost marriage certificate?

Your marriage certificate needs to be supplied to the court along with the papers for divorce that have normally been prepared by your solicitor (called the petition), so that the court has an official record of the marriage.

Once your divorce is granted, the court will keep the original marriage certificate and issue you with a Decree Absolute which is proof of your divorce. It is important that you keep this document safe as you will need it if you ever wish to marry again – as well as for some tax and pension purposes.

The Decree Absolute is a formal record that you were married, to whom, when and where the marriage took place, as well as that the marriage was ended legally by the court.

What to do if you have lost your marriage certificate?

lost your marriage certificate
Have you lost your marriage certificate?

Don’t worry! This is not something that will derail the whole process. Many clients find that after a long marriage, or even a couple of house moves, that their marriage certificate is hard to locate.

However, you can apply for a replacement marriage certificate from the General Register Office (GRO) to proceed with a divorce.

How do I get a replacement?

You can apply to the General Register Office for a replacement marriage certificate, which will cost £9.25. There is also a Priority Service with next working day delivery for £23.40 – ideal for those who wish to get the process sorted quickly.

The General Register Office can also supply you with copies of birth, death, adoption and civil partnership certificates.

Be aware that the process for obtaining a copy of your marriage certificate is slightly different in Scotland and Northern Ireland. Information regarding the Scottish procedure can be found here, and the Northern Irish process can be found here.

You may want to read this article too – Can I get Divorced without my Lost Marriage Certificate UK?

About the Sheata

Sheata Karim is the Principal Solicitor and Founder of Grayfords, a family law firm based in central London.

After over a decade of working in family and niche law firms, Sheata used her expertise and specialist knowledge to start her own practice.

Sheata created her own firm so that she could instil her values of client care and satisfaction into every area of the business. Her motto is to envisage yourself in the perfect future, and that is what she will help you achieve.

With experience in all areas of English and international family law – including divorce, financial issues and child matters – Sheata really is an expert in her field.

www.grayfords.co.uk

 

 

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What is a Pre-nup?

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Why you need a pre-nuptial agreement even if you’re not filthy rich

Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

Nigella Lawson was glad to have entered into one before her marriage to Saatchi, whereas Dragon’s Den tycoon Duncan Bannatyne claims to have lost most of his wealth through his divorce because he hadn’t signed one before saying his vows the second time.

We’re talking pre-nups, of course. These formal pre-marital agreements are in the news again because the Law Commission is expected to propose this week that they become legally enforceable in Britain.

Ann Corrigan, specialist family lawyer and founder of Clarity Family Law in Buckinghamshire, gives the lowdown on pre-nups and explains why you should care – even if you’re not filthy rich.

 What is a pre-nup?

A pre-nup is a formal agreement/settlement entered into prior to marriage or a civil partnership.

It is used to set out who owns what at the time of the marriage and how the couple plans to divide these assets if they should split up.

Some people, including religious leaders such as Roman Catholic bishop, The Right Rev Mark Davies, argue that deciding how to separate before tying the knot undermines marriage, whereas others simply feel it’s unromantic.

what is a pre0nupHowever, the sad reality is that around 43% of marriages in the UK and Wales end in divorce and if you’re not prepared, you could find yourself in a very unenviable financial situation, as Duncan Bannatyne appears to have done.

A pre-nup is a good idea in most marriages – particularly as couples often tend to get married a bit later nowadays, which means they’re likely to have accomplished some wealth of their own by that time.

The idea of the agreement is to protect or ‘ringfence’ their individual wealth and/or any inheritances they may bring into a marriage, should they decide to separate.

It becomes even more important in the case of marriages/civil partnerships later in life or second marriages/civil partnerships where there may be children from a previous marriage or where one partner moves into the already-owned home of the other.

A pre-nup can contain more than just how to split your wealth – in the US they often contain clauses about how the couple should dress, how often they should exercise and even how often to expect sex!

Are pre-nups legally binding in the UK?

At the moment, no – and that is what the Law Commission is expected to propose next week – to make pre-nups legally enforceable.

But even now, since a landmark decision in Radmacher v Granatino, the court is likely to attach weight to such an agreement PROVIDED the following criteria are met:

  • If both parties entered into the agreement freely
  • If both understood the implications of what they were agreeing at the time
  • It is fair to hold the parties to the agreement

So, how can you make sure your pre-nup is upheld – as the law stands now

  • Obtain independent legal advice, which helps to show both parties understood the agreement.
  • Full financial disclosure (both parties should be 100% honest about what they own) to show that they were fully aware of the financial implications of the agreement
  • The agreement must be entered into freely to prevent one party alleging later that they entered into it under duress or undue influence.
  • Ensure it is realistic and fair
  • Provide for future changes – circumstances change, so most pre-nups should only be valid up until the birth of the 1st child or for up to 5 years.

This is a complex area of the law and one where taking specialist family law advice at the outset could save heartache and dire financial circumstances later on.

Ann Corrigan

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same sex marriage

Same Sex Marriage Bill – A Level Playing Field?

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Same Sex Marriage
Rachel Donald from Charles Russell LLP

The first Same Sex Marriage is expected to take place next month.

The Marriage Bill (Same Sex Couples) legislation, which had previously divided opinion in government, was far from controversial when Parliament granted Royal Assent last summer.

The unanimous approval of the Bill by peers in Conservative, Labour and Liberal Democrat seats has resulted in wedding plans in readiness for the first legal same sex marriage, which has been long awaited for many gay couples.

The Bill has been introduced as a result of a rising awareness for the need to equalise the legal status of gay couples, which historically could impact on the financial claims available in the event of their relationship breaking down.

This Bill has finally arrived almost a decade later that the first Civil Partnership, which took place in December 2005 following the introduction of the Civil Partnership Act 2004.

This Act had aimed to place gay couples on an equal “legal” footing providing similar financial provisions to Civil Partners upon separation as those available to heterosexual married couples.

Previously same sex couples had been reliant on property and trust law to seek financial remedies after a split. This legislation was welcomed, but it was acknowledged it did not go far enough.

The Same Sex Marriage Bill takes a fundamental leap forward in confirming same sex marriages will have the exact same legal standing as a heterosexual marriage, save for  relying upon adultery when getting divorced.

The legalisation means that gay couples can now marry in a Church (if they wish to do so) if that denomination has “opted in” to facilitate a wedding. Same Sex MarriageHowever, the legislation excludes the Church of England from having the ability to opt in.

It also means that gay couples will be able to seek financial support from their spouse under the same legislation as heterosexual couples.

The Same Sex Marriage Bill means that the Government will need to review the existing legislation for Civil Partners, which will now become somewhat redundant.

There are currently over 100,000 Civil Partners living in the UK. Civil Partners will have the option to convert their partnership to a marriage, if they wish to do so.

Gay marriages will enable same sex couples to receive equal pension and state benefits to heterosexual married couples: a welcomed development for many gay couples who have missed out on benefits available to heterosexual married couples.

This legislation brings England and Wales in line with many other jurisdictions that are recognising the importance of equal rights to same sex couples not from a legal position.

This week has also seen recognition in the Scottish Jurisdiction for a similar act to be introduced in Scotland.

It will also equalise the social and economic benefits for gay couples. In that respect the Same Sex Marriage Bill goes much further than the Civil Partnership Act, which provided gay couples with an alternative to marriage, rather than equal standing to heterosexual married couples.

About Rachel

Rachel is a Senior Associate in the Family Law Service at the city law firm Charles Russell LLP, based in the firm’s Guildford Office.

Charles Russell’s family team is within the magic circle of family lawyers and advise on domestic and international family law. Rachel specialises exclusively in family law and advises on all matters including divorce, civil partnership dissolution, pre-nuptial agreements, cohabitation and matters involving children.

Rachel has particular experience with high net worth financial cases, enforcement of matrimonial orders, cross jurisdictional maintenance disputes and appeals against the Child Maintenance Service.

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