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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 court as part of the matrimonial pot and are generally divided equally.  Parties may have a less...

The Importance of Obtaining a Clean Break Order

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 the event of a divorce , but the terms of the agreement may be decisive in the event of a subsequent...

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 business producing its own income stream. The farm may also have developed a national or regional...

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 to make a joint-lives order or if it is more appropriate to impose maintenance for a defined period...

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 considerations is whether you can move abroad with your child. The short answer is yes, you can move abroad...

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 and success. Some common narcissistic traits include: Lack of empathy Manipulative and exploitative...

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 valuation of businesses. To shed light on the role played by forensic accountants in financial remedy...

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. Couples often worry about how such items will be distributed on divorce, especially as one or both...

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 order. Whilst there is an expectation in the eyes of the Family Law courts that both parties will...

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 proceedings within this jurisdiction. The Courts in England and Wales have a very wide discretion to...