The importance of pre-nuptial agreements

In recent years there has been a rise in the number of couples getting a pre-nuptial agreement – also known as a pre-marital agreement and commonly known as a pre-nup. In this article, we explain what a pre-nuptial agreement is, why they are important, and the reasons why you might want to consider getting one if you are getting married. What is a pre-nup? A pre-nup is a formal, written agreement made between the two people who are getting married before their marriage takes place. It details how their belongings such as property, money and other assets will be divided should their marriage unfortunately break down in the future. Is…

Divorce in same sex marriages

Divorce in same sex marriages

Same sex marriage was introduced by the Coalition Government, with the Marriage (Same Sex Couples Act) being passed by Parliament on the 17th July 2013, and the first same sex marriages taking place less than a year later on the 29th March 2014. Previously, same sex couples had not been able to get married, but since 2005 had been able to enter into a Civil Partnership. The Civil Partnership Act (2004) was passed in November 2004 and took effect from 5th December 2005. Registering a Civil Partnership gave couples the same legal rights as marriage gave same sex couples. Couples who are in a civil partnership are able to convert…

The divorce process

What to expect from the divorce process

The process of getting a divorce in England and Wales will, of course, vary from case to case, as no two cases are identical. However, the basic principles behind a divorce will largely be the same, so this article explains what you can expect if you are considering getting divorced, or if you are already at the start of divorce proceedings. Firstly, the spouse that wants the divorce has to file for one. They are known as the petitioner or the applicant, and they fill in a divorce petition form that includes their full name and address and their spouse’s full name and address, and send three copies, a copy…

Nick Flatt - Family Law Solicitor Nottingham

Family law solicitor joins Sills & Betteridge

Sills & Betteridge is delighted to announce that Nick Flatt has joined the firm as a family law specialist. Nick qualified as a Solicitor in 2006 and practices exclusively in Family Law. He will work primarily from our Nottingham office. He started his legal career with The Johnson Partnership and was a founder member of NFLA (as Family Law Group was then known).  Since then he has built an enviable reputation and won the respect of his peers by undertaking the majority of his own court work. He has a particular specialism dealing with cases in which children have suffered serious injuries and death and has successfully represented his clients…

What will happen to my business in a divorce?

Divorce can be emotionally draining for everyone concerned. However, it can be even worse when a business is involved, and has the potential to be financially draining as well, not just for the couple seeking a divorce, but for many other people too. In England, Wales and Northern Ireland, any business interests that one of the spouses has can usually be taken into account during the divorce. However, whilst this sounds scary, in reality what often happens is that the court aims to leave the business owner with their business untouched, and as a result will compensate the other spouse by say giving them a greater share of other assets,…

What are the grounds for divorce?

If you are considering a divorce or have definitely decided that a divorce is the only option available to you, then it is quite likely that you are feeling very emotional, and also that you don’t really know what the next step is. This article sets out one of the first things you need to establish in order to begin divorce proceedings. In order to start divorce proceedings, you will need to file a divorce petition at court. In order to do that, you will need to have been married for at least a year (you cannot get a divorce if you have been married for less than a year),…

Parental Responsibility

Parental Responsibility In any dispute involving a child the starting point is Parental Responsibility.  This term describes who in a child’s life has the legal right to make decisions about their welfare and upbringing and can cover making decisions such as which school they attend to giving consent for medical treatment. Who has parental responsibility? Mothers automatically have Parental Responsibility as do Fathers who are named on the child’s birth certificate or where the parents are married.  Unmarried father’s can also obtain Parental Responsibility either by agreement with the mother or ultimately by a Court Order.  Because having Parental Responsibility is important for anyone with day to day care of…