Pre-nuptial Contracts - Legally Binding??

Multi-million pound divorce cases could become a thing of the past under government proposals to make prenuptial contracts legally binding.

Judith Middleton, family lawyer at Latimer Hinks Solicitors goes into the proposals further

Consultation Could Make Pre-Nups Legally Binding


Further reading
Law Commission Consultation Paper on Pre-nuptial Agreements

When is a Wedding not a Wedding?

Gone are the days of a quick trip to the church followed by a sit down buffet at the local pub to celebrate a wedding. Marriages can cost tens, if not hundreds of thousands of pounds. When spending this amount of money it is worth checking that your dream wedding is ACTUALLY legal.

When is a marriage not a marriage?

1) when you play around with your vows!

Judith Middleton, partner at Latimer Hinks warns that personalising wedding ceremonies could mean that some couples may not be legally wed. Leaving out key words from wedding vows may mean they do not comply with marital laws. See the full story: When is a Wedding Not a Wedding

2) when you have been married to a friend ordained online!

A couple from Conneticut had their ceremony performed by a friend who had been ordained online by the Universal Life Church. Having heard of other couples who were married that way, they assumed it was legal. But Connecticut is one of a half-dozen places that do not recognize marriages performed by someone who became a minister for the sole purpose of marrying people. See the full story: Great Wedding But Was It Legal?

I'm sure there will be many other examples of Non legal marriages however, i'll keep this blog short. If anyone would like to provide other examples, please feel free.

National Family Week - consider the children after divorce

As we celebrate national family week in the North East (25-31 May) let’s not forget that families come in all shapes and sizes, and that the end of a relationship doesn’t have to result in the breakdown of a family.

At Latimer Hinks, Judith Middleton our family law partner sees separating parents daily who desperately want to help their children to deal with the effects of divorce and separation, but they often don’t know where to turn for information, advice or support.

Judith is an accredited member of Resolution, the national family lawyers association. Resolution has developed a “Parenting after Parting” initiative, which aims to help separating parents through this difficult time with advice and information on how to talk to children about divorce or separation.

Help is available online at www.resolution.org.uk/parentingafterparting, which offers practical help with ways to help children going through these situations as well as details of parents workshops, designed to support parents in managing the impact of divorce of separation for their children.

For those of you wishing to entertain your children during National Family Week take a look at all of the activites on offer throughout the UK

Katie Price and Peter Andre's Separation - what about Harvey?

Since last Monday when Katie Price and Peter Andre announced their separation they have been front page news - again. Married for three years Peter and Katie had very sensibly arranged for a pre-nuptial agreement to be set up.

BUT, what happens to the children when a marriage breaks up? What are a step-parent’s rights and responsibilities?

Apparently Peter treats 7 year old disabled Harvey (whose father is Dwight Yorke) as one of his own. They also have two other children, Junior and Princess Tiaami.

According to the Mail Online, Katie Price and Peter Andre are planning to meet to discuss who will care for Harvey, seven, Junior, three, and Princess Tiaami, one.

As a result of Katie and Peter's separation, Judith Middleton, a family law specialist at Latimer Hinks solicitors has turned the spotlight on people’s rights in connection with step-children.

Katie & Peter’s Split: Advice to Divorcing Step-Parents

Judith Middleton is a Partner at Latimer Hinks Solicitors an Accredited member of Resolution
and regional spokesperson for Resolution, an association of 5,000 family lawyers.

Family Courts: New Rules Won't Create an Open, Transparent System

In a move to boost public confidence from 27th April the media have been granted family court access.

Before this the public and the media have not been allowed to court in order to protect families, particularly children.

Justice Secretary Jack Straw said the move was a step towards a new culture of "greater openness" in all courts.

Family courts make decisions, such as whether children should be taken into care or put up for adoption, or given contact with parents who are divorcing. They also decide on custody and how finances should be split.

However, there have been claims that the secrecy of the hearings has led to injustices, with some children taken wrongly into care.

Judith Middleton, Partner at Latimer Hinks and Regional Spokesperson for Resolution has warned that the new rules, rushed in by the government, represent a missed opportunity to allow thorough and effective public scrutiny.

Judith believes that new rules won't create an open, transparent system

Thinking of Marriage - avoid stress & heartache - get a prenup!

Pre-nuptials - not terribly romantic but setting up a pre-nup agreement can help to avoid considerable stress and heartache if a marriage were to break down.

In a recent landmark case, a woman who had already accrued some £18 million in divorce settlements from three previous marriages dropped her claim to a share of her fourth husband’s £45 million fortune thanks to the prenuptial agreement she had signed before the marriage.
The prenuptial agreement was signed on 16 November 2005, and its terms recorded that 'neither party should apply to any court in any jurisdiction for any order for financial provision of any kind based on the marriage.”

However, Susan Crossley, after filing for divorce, sought to go against the pre-nuptial agreement by applying for financial relief from her husband. This was challenged by Stuart Crossley but it was argued that he had not disclosed assets that formed the basis of the agreement so there should be formal financial disclosure. The judge agreed with Stuart Crossley, ordering that the documentation for financial disclosure need not be filed.

Stuart Crossley holds on to his £45 million fortune!

Pre-nuptial agreements are not legally binding in the UK but they can be taken into taken account by the court when deciding how to distribute the assets on a divorce.

Judith Middleton, Family Law partner at Latimer Hinks comments on the Crossley v Crossley case

So, to be on the safe side (not the romantic side) a preputial agreement is worth bearing in mind - and it's not just for the rich and famous out there!