No. For many people mediation can be the right approach, but it is not suitable for everyone. You have to trust your spouse or partner to be open and honest, especially in producing financial information. You also have to feel safe in the mediation process, so it is rarely appropriate if there is any domestic ...
Family arbitration is a fairly new kind of dispute resolution suitable for divorce cases and is an alternative to court proceedings. It involves providing a neutral person (called a “family arbitrator”) with the relevant facts, evidence and the views of you and your spouse as to what you each think the outcome should be. The ...
When you separate, emotions can run high and it is all too easy to let these cloud your decision-making process. It is important to get legal advice so that you understand what the issues are, what your rights are, and how best to sort things out. You will be unlikely to have experienced divorce before ...
Mediation is a way of sorting out the issues when you separate. A mediator is a neutral, independent person who will help you identify and resolve any issues. They will try to make sure that your discussions with your spouse are constructive and that each of you is able to have your say. A mediator ...
The cost of a pre-nup will depends on various factors, such as: How complex the pre-nup is likely to be in terms of what types of asset you are trying to protect The complexity of your asset base – if there are trusts or business assets then expert help may be needed in the form of trust ...
It may be important to keep your pre-nup under review. It may well specify in it that the agreement needs to be looked at every few years or if there any changes in circumstances – for example, if you have a child or if one of you falls ill. Reviewing the pre-nup is likely to ...
A post-nuptial agreement (also called a post-nup) is designed to decide what should happen to each spouse’s assets on divorce, just like a pre-nup. However, a post-nup is entered into by you when you are already married, whereas a pre-nup is done before the wedding. A post-nup can be a good thing to consider if ...
Ideally, a pre-nuptial agreement should be discussed and agreed well before your marriage takes place. You and your future spouse should each have the benefit of legal advice and disclose details of your respective financial positions to each other. The pre-nup should also be signed well before your wedding day – we recommend that it’s ...
The most important consideration is what is in the child’s best interests. When a court decides an issue about the upbringing of a child, the child’s welfare will be paramount. The court will take into account various things (these are known as the “welfare checklist”), including: The child’s own wishes (but these depends on how old they are ...
Yes. If you have “parental responsibility”, you will have a right to a say in how your children are brought up. If you cannot reach agreement with your ex-spouse about a particular issue concerning your children, you can apply to the court for a “specific issue order”. Eg: if you cannot agree about where they ...
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