Agreements & Orders
Legal Agreements and Statutory Declarations are a sure way of ensuring your rights when it comes to relationships and marriage. They can be entered into both pre-and post-marriage, depending on what you are looking to protect and why you seek protection.
When a relationship ends, it usually means dividing a once shared life into two separate lives. Unfortunately, this can include children, property and finances. Understandably, talking about who will get what is an emotive topic that often ignites anger or anxiety.
We can offer various solutions to suit the arrangement you are seeking, whether you and your ex-spouse agree or whether you need the court to intervene.
WHAT AGREEMENTS NEED TO BE MADE?
If you are looking to get married, or you are in a long-term relationship with shared responsibilities, you may wish to protect your assets. A premarital or prenuptial agreement (also known as a prenup) is a formal, written agreement between two partners before their marriage.
It sets out ownership of all their belongings (including money, assets and property). It explains how it will be divided in the event of the breakdown of their marriage. While British courts recognise prenuptial agreements, they still have the discretion to waive any pre-or postnuptial agreement, especially if it is deemed unfair to any children of the marriage.
The agreements are tailored to individual circumstances; no one agreement is the same as another. The agreement can deal with the division of assets and income, or some agreements deal only with asset division and leave income to be dealt with at the time of divorce. Prenuptial agreements would not stipulate the provision to be made for any children of the marriage.
If you are facing a divorce, then you and your spouse will need to reach an agreement on:
• arrangements for looking after any children;
• child maintenance payments for any children; and
• divide your money and property.
You can choose how to make arrangements for looking after your children once you are divorced/separated.
You and your ex-spouse can usually avoid going to court hearings if you agree on:
• where the children will live;
• when they will spend time with each parent; and
• how your assets will be divided
You can agree on child maintenance at the same time or separately.
WHAT HAPPENS IF YOU CANNOT AGREE?
If you and your spouse cannot agree, you can ask a court to decide anything you cannot agree on. Before this, we will try and work with you to mediate the situation.
You must show you have attended a meeting to see if mediation is right for you before applying to a court. You will not have to in some instances, for example, if there has been domestic abuse or social services are involved.
HOW CAN WE HELP YOU?
LS Legal Solicitors can assist you in drafting any form of agreement: whether to protect your assets post-marriage or organise your family and finances post-divorce. Should you require additional peace of mind, we can draft consent orders and financial orders to ensure that the agreement is legally binding. Any breach of that agreement would be punishable by the court.
Please contact our firm on 020 81 44 55 88, via email at info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.