Welcome to Myerson News and Events

A Guide to Prenuptial Agreements

A prenup is a legal agreement  made  between two individuals before they marry or enter  into  a civil partnership.   The agreement itself can set out a variety of provisions as to how the couple intend to divide their assets in the event of any...

What is Domestic Abuse, And Does it Include Financial Abuse?

Domestic abuse is defined as an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour. It can take many different forms, such as coercive control, psychological or emotional abuse, physical abuse...

The Danger Of Overlooking Pensions And The Motherhood Penalty

When couples are separating, often their immediate concern will be about where they are going to live rather than thinking about their income in retirement. It is very easy to overlook pensions, as retirement can seem a long way off, and you may be...

Do I Have To Share My Inheritance In A Divorce?

It is well-known that sorting out the finances on divorce can be a complicated and lengthy process. It involves unravelling financial situations created and intertwined over the course of a marriage, which can span decades in some cases. Often, it...

Stranger Danger: Co-Parenting & Associated Risks

Co-parenting websites provide a way for individuals to find a platonic partner to have a biological child. These websites are becoming increasingly popular; however, individuals seeking to embark on parenthood using this medium should be alert to...

Pension vs. The Family Home – Is It Ever a Fair Deal?

When parties go through separation, the number one priority is often housing. The stress of ensuring immediate housing needs are met can often result in parties overlooking the importance of pension assets. When considering finances on separation...

Can I Preserve My Family’s Wealth With a Prenuptial Agreement?

If you are contemplating marriage or a civil partnership, entering into a prenuptial agreement is an effective mechanism to ensure your family wealth is ringfenced and preserved. A prenuptial agreement is a transparent contractual agreement which...

Financial Provisions for Unmarried Couples: Claims under Schedule 1 Children Act 1989

Schedule 1 to the Children Act can be used to provide financial support for a child where the parents of a child have not been married or civil partners. In these circumstances, the Court does not have the wide powers it has on divorce or the...

What Am I Entitled to if I Divorce My Spouse?

Financial obligations exist between married couples, which do not end automatically once the divorce process is complete. Accordingly, it is important to consider resolving finances on divorce .  If the parties can reach an agreement between...

How Can My Spouse Be Provided for Without Causing Damage to the Farming Enterprise?

The division of a farm on divorce can be a highly complex and sensitive matter. The court is often faced with a dilemma in weighing up the need to provide for the non-farming spouse fairly on divorce whilst preventing irreversible damage to the...

Starting Divorce Proceedings: What Is Required?

Making the decision to get a divorce can be a particularly emotional and stressful time in someone’s life. However, the process of getting a divorce does not need to be complicated, especially with the use of the services of a specialist family...

DIY Divorce: The Cost & Process of Divorcing Without a Solicitor

Changes to the procedure for applying for a divorce in England and Wales mean that all divorces are now applied for online, and as a result, more people are starting to apply for their divorces, often to try and circumvent the legal fees of...

Divorce Considerations Around Christmas Time

For many separating couples, deciding to apply for a divorce is not an easy step, and our Family lawyers understand that Christmas can be a difficult time if you are considering separating.  How do you initiate a divorce? The introduction of...

Can I Travel with My Kids at Christmas Without the Other Parent's Consent, or Is It Abduction?

You may be planning to take your children away over the Christmas period to visit friends and family who do not live close by or to have a festive holiday. If this is your plan, you need to be aware of the legal requirements in relation to...

Resolution Awareness Week: Mythbusting Common Law Marriage

Resolution is a group of family law professionals who are committed to promoting a constructive approach to family issues that consider the needs of the whole family. The annual Resolution Awareness Week takes place in the last week of November...

I Can’t See My Children at Christmas – What Should I Do?

The festive period is a time for families to come together. However, child contact arrangements over Christmas can be difficult to navigate for parents who have separated, particularly in reaching an agreement as to who spends time with the...

Debunking the Spousal Maintenance Myth: A Clearer Perspective

There is a popular misconception that the payer needs to pay spousal maintenance pursuant to a joint lives order until the death, remarriage or cohabitation of his or her ex-spouse. Historically, joint lives orders were made to protect the...

How Do The Courts Regard Personal Injury Compensation When Distributing Assets of the Marriage?

The Court will consider a list of factors under section 25 of the Matrimonial Causes Act 1973 when deciding how assets, including any compensation/ damages received, will be decided on divorce. The welfare of any children of the family will be a...

I Don't Live in England or Wales. Can I Apply for a Divorce There?

The jurisdiction where your divorce takes place can substantially impact your financial settlement. Each jurisdiction has its own set of rules for resolving finances on divorce, and you may end up with vastly different outcomes depending on where...

Inheritance and Divorce – Is Inheritance Included in a Divorce Settlement?

Upon divorce or dissolution of a civil partnership , both parties will usually have a strong claim to share all matrimonial property. Ordinarily, matrimonial assets (assets acquired throughout a marriage or civil partnership) are considered by the...

The Importance of Obtaining a Clean Break Order

A clean break is a type of financial settlement that dismisses any future claims parties may make against the other. It is a court order that legally cuts financial ties between you and your former partner. The effect of a clean break order is to...

Can I Ask My Future Spouse to Sign a Prenup?

Couples planning to marry or enter a civil partnership may want an agreement to determine what they intend to happen to their money and property if the marriage breaks down. In England and Wales, prenuptial agreements are not strictly binding in...

Agricultural Divorces: A Field of Their Own

Agricultural divorces are often complex and require expert attention. Some farms are very successful enterprises: they may comprise valuable properties and land holdings, machinery and stock. The farm may have diversified into several areas, each...

Can a Maintenance Order be Varied?

A spousal maintenance order, also known as a periodical payments order, is an obligation for one party to pay the other a sum of money on a weekly or monthly basis. If the court grants a spousal maintenance order, it will need to determine whether...

Can I Move Abroad With My Child?

There are many reasons why people want to move abroad. It may be reasons associated with family , friends, culture, work, or personal preference. There are several logistical factors to consider when moving abroad. One of the most difficult...

What Will a Narcissist Do When You Divorce Them?

Narcissistic Personality Disorder is defined in the dictionary as "a person with an excessive interest in themselves". It can generally be characterised by an inflated feeling of self-importance and the desire to be acknowledged for achievements...

Understanding Family Law and Expert Valuations: Insights from Legal and Financial Experts

UK200Group Forensic Accounting & Family Law Webinar, 22 June 2023.  With speaker: Jane Tenquist (Myerson Solicitors) & chaired by Andrew Donaldson (Dains Accountants). Family law cases often involve complex financial matters, including the...

How are Personal Possessions Dealt with on Divorce?

Divorce is undoubtedly a very stressful time for couples. During the marriage, spouses will have accrued valuable personal possessions, whether purchased jointly, individually, or obtained as a gift, for example, a special piece of jewellery...

Businesses on Divorce: Getting Divorced When You Work With Your Husband or Wife

If you work at your spouse's company, you may be considered an employee, and you may have employment rights. It is important to remember that employee status and employment law rights apply to spouses employed in a family business, regardless of...

How Much Spousal Maintenance Can I Claim On Divorce?

Spousal or civil partner maintenance is also known as a periodical payments order. This is an order that either party to the marriage or civil partnership shall make to the other periodical payments (maintenance) for such term as specified by the...

Can I Apply to Divorce in England and Wales?

You may be able to apply for a divorce in England and Wales if you currently live overseas or you are not a British passport holder in certain circumstances. You must fall within certain criteria outlined below in order to be able to issue divorce...

How Are Businesses Dealt With On Divorce?

The value of a business and its income will be considered an available resource of the marriage on divorce. That is not to say that the family court would order a sale of the business.  The court recognises that the business provides an income, the...

Separating Families Facing Mandatory Mediation

On 23 March 2023, the government released a press release announcing their proposals to make mediation mandatory in thousands of suitable low-level family court cases. They describe it as a  “major shake-up to the family justice system” , whereby...

Changes to Capital Gains Tax Legislation and Lifetime Allowance Provisions

Recent changes to the rules in relation to Capital Gains Tax (CGT) apply to the transfer of assets between spouses and civil partners who are in the process of separating . The aim is to provide spouses/civil partners with more time to transfer...

How Do You Deal With Separation When Children Are Involved?

Separation and divorce can be challenging and upsetting for all involved, especially children. It is important to remember that although the relationship between the parents has ended, their role as parents will continue. Therefore, separating...

Is My Spouse Entitled to My Pension on Divorce?

In proceedings for divorce or dissolution of civil partnership, the court has the power to redistribute pension benefits between the parties. Pensions must be noticed in divorce as pension rights often form the second largest asset after the...

Can You Divorce Without Sorting Out Finances?

Couples increasingly choose to separate and divorce without having sorted out their finances, which could be attributed to the advent of a more accessible online divorce service, but there are implications for not finalising financial matters by...

Can I Apply for Spousal Maintenance?

Spousal maintenance can also be referred to as a periodical payment order. One party must pay the other spouse/civil partner a sum of money on a weekly or monthly basis.  Whilst there is an expectation in the eyes of the court that both parties...

Nuptial Agreements – To What Extent Can They Be Challenged?

Whilst prenuptial agreements are not formally binding in England and Wales, the Family Law courts have regarded them as persuasive and even decisive. The court in the landmark case of  Radmacher (formerly Granatino) v Granatino [2010] UKSC 42  set...

Setting Aside Financial Orders and Barder Events

Whilst financial orders in family law are intended to be final, an application to set aside a financial order can be considered in certain circumstances. These cases are referred to as set aside applications.  The set aside application can only be...

Agricultural Divorce

Any interest either party to a divorce has in a farm or farming business comprises one of the assets that the court will consider when approaching the matter of distribution upon marital breakdown. Complex methods of ownership, liquidity issues...

January Blues – Managing Child Contact Arrangements Over Christmas

The festive period can be a very difficult time for parents who have separated when it comes to child contact arrangements. It can be extremely stressful given the expectations parents have for contact with their children over Christmas, and...

Divorce and Separation During the Cost of Living Crisis

Unfortunately, we are in the midst of a cost-of-living crisis. Over the last few months, there has been extensive media coverage about escalating mortgage rates, energy bills, and the price of food and other essentials. The future feels bleak for...

Non-Matrimonial Wealth – Can This Be Protected On Divorce?

Upon divorce, assets acquired or accumulated during the marriage are generally divided equally. However, you may feel that these assets should be protected if you have entered the marriage with significant pre-acquired wealth...

How to Agree Christmas Contact Arrangements

Child Arrangements  With Christmas approaching, you might be worried about sorting out the arrangements for the festive period and the time that your children will spend with you if you are separated or divorced. It is important that children can...

Is Conduct Ever Relevant in Financial Proceedings? 

Divorce proceedings are highly emotional for everyone involved. Our team of expert family lawyers are often asked whether conduct is going to be reflected in the ultimate financial settlement. It is easy to understand why one party to the...

Changing Role of Men in the Household – House husbands

During the aftermath of the COVID-19 pandemic, there has been an increase in the number of men taking on the role of a house husband. The migration of employees working from home has contributed to this, with more workforces offering flexible...

How to Cope With Finances on Divorce in the Current Economic Climate

Fed up With Paying Spousal Maintenance? What Can You Do?

A Spousal maintenance order, also known as a periodical payments order, is an obligation for one party to pay the other a sum of money on a weekly or monthly basis.  If the court grants a spousal maintenance order, it will need to determine whether...

Parental Responsibility: Who Has It?

Parental Responsibility concerns the rights, duties, powers and responsibilities that a parent has by law towards a child. For example, making decisions about where a child should live and agreeing to their medical treatment. If a child's mother...

Surrogacy: Route to Parenthood

Surrogacy is the process by which a child is carried through pregnancy by a woman who had entered into an arrangement with the intention that, at birth, the child and parental responsibility for the child will be transferred to another person or...

What Are the Most Common Mistakes When Divorcing?

We appreciate that separation and divorce can be a highly traumatic, emotional, and stressful time.  It can feel very confusing, and it is important to try to take control of the situation and seek legal advice at the earliest opportunity.  We have...

Narcissistic Personality Disorder Causing Relationship Breakdown

It is common for spouses to cite difficulties experienced in coping with their former partner’s extreme personality traits as a reason for the breakdown of the marriage. Frequently, a former partner is labelled as having a narcissistic personality...

Will Divorce Affect My Social Life? 

Though  divorce  may not carry the same stigma as it once did, divorce has widespread implications, not just financial ones. Divorce is rarely consensual. In most cases, one party decides to leave the marriage well before the other party has been...

What Are The Common Reasons For Family Breakdown And Divorce?

There are all sorts of reasons why a marriage or a relationship can break down, and it is important that you obtain legal advice at an early stage if you are contemplating a divorce , to obtain advice on your finances, or to agree on arrangements...

Are You Prevented From Seeing Your Children?

If you have separated or are in the process of separating, we understand that one of the hardest things is not seeing your child every day. If it is not possible to reach an agreement with the other parent about the time your child spends with you...

Can I Relocate With My Child Abroad?

If you are separated or divorced and want to move abroad permanently with your child, you must obtain written consent from the other parent and/or any other person who has parental responsibility for the child. If the other parent will not agree to...

Can I Stop Paying Child Maintenance if My Ex Stops Me Seeing the Kids?

Parents have a legal responsibility to provide financial support for their children even if they no longer live with or spend time with them. Often, children who have separated parents spend more or all of their time with one of their parents. The...

Is a Business an Asset in Divorce?

The value of business assets will be taken into consideration on divorce or dissolution of a civil partnership . As part of the financial disclosure process, it is standard to provide copies of the full sets of the financial accounts for the...

Immediate Financial Needs on Divorce or Separation

When going through a divorce or separation, your financial position will likely be one of your biggest worries. In this article, we look at different ways in which you can meet your immediate financial needs.  If you have children, then child...

What Is the Difference Between Decree Nisi and Decree Absolute?

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022.  The Act introduces ' no fault divorce ’ in that it removes the requirement to establish a fact as to the reason for the divorce and allows either or both...

Consent to Fertility Treatment 

If you are considering fertility treatment to start a family, you should get legal advice regarding the consent required for treatment before treatment starts.  The law surrounding fertility treatment is complex, but we will try and simplify the...

Rights as a Parent: Parental Responsibility

Parental responsibility is all the legal rights, duties, and responsibilities that a parent has in relation to a child. Those with parental responsibility have the right to make decisions in respect of a child, such as where they will go to school...

Agreeing on Contact for Father’s Day

With Father's Day approaching, you might be worried about sorting out the arrangements for your child to spend time with you if you are separated or divorced. It is important that children can have a meaningful relationship with both parents...

A Guide to Fact Finding Hearings

There has been increasing research into and awareness of domestic abuse and the harm it causes children.  When the court considers applications for child arrangements orders and the arrangements for where children live, and the time they spend with...

Relocating With Children in the UK: Do You Need the Other Parent’s Consent?

If you would like to relocate to a different part of the UK with a child, all those with parental responsibility should agree.  There is no legal requirement to obtain formal consent from the other parent where you are relocating within the UK, but...

No Fault Divorce: Have You Been Reticent to Place Blame? 

The Divorce, Dissolution and Separation Act 2020 changed the law relating to divorce and dissolution of civil partnerships on 6 April 2022. Prior to this, the irretrievable breakdown of the marriage was proven by one of five facts: Adultery...

No Fault Divorce: Will “Behaviour” Manifest in Other Ways?

The introduction of no fault divorce removes the need for one party to blame another and intends to help separating couples deal with separation in a constructive manner.  Before the introduction of no fault divorce, the court could not make a...

No Fault Divorce and Service Issues: What if My Spouse Refuses to Engage in the Divorce Proceedings?

Our latest series of blogs have been covering the changes to divorce law in England and Wales with the implementation of ‘ No Fault Divorce ’ on 6 April 2022. A frequent question we are asked is what happens if your spouse refuses to engage in the...

Do the Grounds for Divorce Affect Financial Settlement?

The Divorce, Dissolution and Separation Act (2020) brings about the biggest changes in divorce law for more than half a century. The introduction of no-fault divorce means that a spouse or a couple jointly can apply for a divorce by stating their...

FAQs: What Does No Fault Divorce Mean for Me?

From 6 April 2022, the introduction of ‘ No Fault Divorce ’  is to be implemented across England and Wales, and parties will be able to apply for a divorce on the basis that they consider the marriage to have irretrievably broken down. Under the...

International Surrogacy: Surrogacy in Ukraine 

Many intended parents, including those from the UK, will use international surrogates in their route to parenthood. In fact, Ukraine is a global surrogacy hub, and prior to the ongoing war, Ukraine was a popular choice to find a surrogate.  Within...

No-Fault Divorce

The introduction of the Divorce, Dissolution and Separation Act 2020 will change the law relating to divorce and dissolution of civil partnerships from 6 April 2022. The law provides that there is one ground for divorce , which is that the marriage...

How to Support Children in Divorce

Separation and divorce can be a challenging and upsetting time for all involved. But even though the relationship between the adults has ended, their role as parents has not stopped. It is important to make sure the children get the support they...

Are Prenuptial Agreements Legally Enforceable?

Couples planning to marry or enter a civil partnership may want an agreement that sets out what they intend to happen to their money and property if the marriage or civil partnership were to end.  In England and Wales, prenuptial agreements are not...

Parental Alienation: Steps to Take

Unfortunately, when assisting in child contact arrangements on a relationship breakdown, it is not uncommon to hear statements such as "my partner is telling lies about me to manipulate the children" or "the children do not want to see me because...

Variation of Financial Remedy Orders

You may be in a situation where you have previously agreed on a financial settlement with your ex-spouse / civil partner, which has formed part of a consent order or, you have been in proceedings, and there is a final order which determines what...

Can I Claim Spousal Maintenance on Divorce?

When a marriage or civil partnership breaks down, the court can consider how the family’s finances and property are divided to consider each parties future income needs and whether those needs can be met from the available income. The court has a...

Funding Legal Fees on Divorce

Going through a divorce or separation can be very difficult emotionally. Compounding this stress can be worries about how you might pay your legal fees.  Spousal Maintenance  It is common for one spouse to have a lower-paid job than the other or...

Divorce and Pensions Explained

Pensions on Divorce When couples are separating and going through a divorce, their immediate concern will be about where they are going to live, rather than thinking about their retirement.  It is easy to overlook pensions, as retirement can seem a...

Women Divorcing Later in Life

Divorce Statistics A grey social revolution is happening, with people in their late 50’s and 60’s divorcing at a higher rate than ever before. In the last decade, the Office of National Statistics reported that in the 65+ demographic, there had...

Prenuptial Agreements: Not Just for the Rich and Famous

Prenuptial agreement It is a common misconception that prenuptial agreements are for the very wealthy. However, prenuptial agreements should be used in every case where one party wishes to protect their pre-marital (or even expected) wealth.  In...

What Are the Grounds for Divorce?

A divorce cannot be applied for until a couple has been married for at least one year. Currently, in England & Wales, it is not possible to obtain a divorce immediately without alleging that the other spouse is at fault ( due to adultery or...

No-Fault Divorce: Ending the Blame Game

Ministers announced on 7th June 2021 that the Divorce, Dissolution and Separation Act 2020 would come into force on 6th April 2022. No-Fault Divorce The Act introduces no-fault divorce as it removes the requirement to establish a fact as to the...

10 Steps to Take When Leaving a Relationship

Leaving a relationship We appreciate that separation can be a highly traumatic, emotional and stressful time. Whilst it may feel impossible, it is very important to try to take control of the situation and seek legal advice at the earliest...

Financially Controlling Behaviour: What to Do

The introduction of the Domestic Abuse Act 2021 aims to provide clarity about what behaviour constitutes domestic abuse. Under the Act, the behaviour of a person towards another person is domestic abuse if: Both parties are each aged 16 or over and...

Good Divorce Week: Parenting Through Separation

A guide to parenting through separation Good divorce week is an annual campaign run by Resolution and is taking place this year from 29th November until 3rd December. Resolution is an organisation of family justice professionals who work with...

The Danger Of Offsetting The House Against The Pension

At Myerson, we understand that if you are thinking about separating, your immediate concerns will be where you and any children of the family are going to live. It can be tempting to ignore pensions and agree to take a larger share of the family...