Family Law Articles & Advice

Any divorce is traumatic, but it can be particularly tough in a farming family as the farm is both the source of the family income and the family home. When you are trying to end your marriage and sort out the division of personal and business assets, it is especially important to choose a divorce solicitor with expertise in divorce in the farming community. Contact Evolve Family Law. Family farms and divorce Some people question why a divorce involving a family farm is different from any other type of divorce. Whilst every divorce is painful, one involving a family farm can be particularly complicated and emotive. Often, the farm has been in the family for generations. There is, therefore, a great sentimental attachment to the farmhouse and land. Not only that, the farm is normally both the family home and the source of income for the entire family, including extended family members such as grandparents and adult children. Adding to the complexities, the farm, or part of the land, may be owned by the older generation, or one spouse’s parents may receive income from farm profits to provide a pension after they transferred ownership of the family farm to a son or daughter. A divorce lawyer at Evolve Family Law can advise on the financial complexities of divorce involving a farm, explain your options, and help you negotiate and agree on a fair divorce financial settlement. If that is impossible, we can expertly represent you in a court application for a financial court order and present your case for why you need the order you are seeking. Prenuptial agreements and farms In an ideal world, a farming family will take private client advice before handing over ownership of the family farm to a son or daughter. Often, a farming family is told by an estate-planning solicitor that it is tax-efficient to transfer ownership of the farm to the younger generation to minimise inheritance tax. That is all very well, but unless specialist family legal advice is sought, the family may be reducing the risk of paying a large inheritance tax bill while exposing the family farm to divorce claims, because they did not receive advice on the benefits of a prenuptial or postnuptial agreement. Is a farm a family asset whose value will be shared? Some farming families believe that if the family farm has been gifted or inherited, it will automatically be protected or ring-fenced from any financial claims arising on divorce. That is not necessarily the case. Divorce financial claims can be made against the assets even if an asset is: Owned in the sole name of one spouse, and Was owned by the spouse before the marriage, and It has been in family ownership for a long time. When a couple gets divorced, all the assets they own, individually or jointly, are considered by divorce solicitors when negotiating a financial settlement or by the court when making a financial order. The court's decision will depend on whether the asset is classified as a family or matrimonial asset, or a non-family or non-matrimonial asset. If a husband and wife cannot agree on whether an asset is a family asset or not, the court will decide. If an asset is classified as a family asset, the court will treat its value as potentially divisible between the husband and wife. Alternatively, its value can be offset against other assets, such as land, investments, or pensions. If land or property is classed as a non-family asset belonging to one spouse, the court will not share the non-matrimonial asset between the husband and wife unless the non-owning spouse’s and the children’s needs are such that they can not be met from them sharing all the family assets, including where needs are not met from one spouse getting 100% of all the family assets and the other spouse retaining their asset that has been held to be a non-matrimonial asset, such as a farm business. Will a prenuptial agreement make a family farm a non-matrimonial asset? If a family own a farm and wants to leave it as a legacy or gift to a son or daughter, the best option to protect the family farm from divorce claims is to sign a prenuptial agreement before the marriage. Although a prenuptial agreement can try to ring-fence the family farm from any financial claims in divorce, whether it will work fully depends on the family's needs at the time of the divorce and the availability of other assets to meet those claims. In any family situation involving a family farm, divorce solicitors recommend seeking legal advice on the benefits and potential disadvantages of a gift or transfer before the farm is transferred to a son or daughter. Advice can then be taken on the option of a prenuptial agreement or, if they are already married, a post-nuptial agreement. Divorce and the family farm If you are getting divorced and one of you owns a family farm, then both husband and wife should take expert legal advice from specialist divorce and family finance solicitors. The farm owner likely wants to keep the farm, while the spouse who does not own it wants it sold to raise money to buy a house to rehome them. There may be mention of the land’s increased value if farm buildings or land could potentially get outline planning permission, so it can be developed for housing or even get planning permission for a new town. Valuing a family farm in divorce proceedings In any divorce and financial proceedings, assets need to be valued. That applies just as much when the asset is a family farm. A specialist valuation will be needed to look at the value of the farm and land, as well as any ‘’hope’’ value in relation to planning permission and development opportunities or the sale of part of the acreage. In addition, the value of the farm asset will depend on the income generated and the value of the agricultural land. [related_posts] Selling part of a farm to fund a divorce financial settlement  If a farm is owned in the sole name of a husband or wife (rather than ownership being shared with parents and siblings), then it may be possible to sell part of the land or a farm building or to raise capital by mortgage to meet a husband or wife’s divorce financial claims. When it comes to a family farm and divorce, the court may view the farm as a non-matrimonial asset and therefore will not order that its value be shared equally between the husband and wife. However, the bottom line is that a husband or wife may get an award that affects the family farm if it is the only way that their housing and other needs can be met. Choosing Evolve Family Law When a divorce solicitor is giving legal advice to either a farmer or their spouse, the aim is to achieve a financial solution that provides a home for the husband, wife, and children, and, ideally, does not affect the continued viability of the working farm. This can require creative resolutions to secure the family farm for future generations. At Evolve Family Law, our specialist divorce lawyers are experienced in advising on prenuptial agreements and farms and on reaching divorce financial settlements where there is an owned or tenant farm and a creative divorce settlement is required to preserve the farm whilst also meeting the family's need for rehousing and income. Contact Evolve Family Law.

When you have suffered a bereavement, it can be hard to navigate the steps you need to take to sort out a loved one's estate. In this article, our probate solicitors outline what a grant of probate is and explain whether you will need to obtain probate. Get in Touch With us Today for Estate Administration Advice. What is probate? Probate is the legal process of proving that a Will is valid. Probate gives the executors of the Will the authority to administer the deceased's estate. It is best to speak to a probate lawyer about probate, as the executors named in the Will can only normally access funds to pay debts, transfer or sell assets or distribute the estate in accordance with the Will after the grant of probate has been obtained. What is a grant of probate? A grant of probate is the legal document that gives the executor of a Will the legal authority to act. Without the grant of probate, third parties, such as banks, the land registry or financial institutions, will not act on the instructions of the executor of the Will. The grant of probate gives third parties the official evidence they need to prove that the deceased has died and that the person contacting them is the authorised executor or administrator of the estate. Intestacy and letters of administration If a deceased dies without making a Will, it is called dying intestate. Instead of applying for probate, the administrators of the deceased’s estate apply for letters of administration, in a similar process to a grant of probate. Executors and probate The executors named in the Will are responsible for gathering in the estate, paying any debts or taxes and then distributing the estate to the intended beneficiaries. Most executors don’t deal with the probate personally but instead instruct a probate solicitor to deal with the legal work for them, with them retaining overall control of the administration by giving instructions to the solicitor. If the deceased died without making a Will, the intestacy rules specify who can administer the estate and who will receive it. The administrator has a role similar to that of an executor. How to apply for a grant of probate Usually, the process of obtaining a grant of probate and administering the estate involves: The executor, or the probate solicitor instructed by them, obtains information about the assets and any debts. The grant of representation is applied for. An inheritance tax form is completed and, if necessary, any IHT is paid. The grant of probate is received. The assets of the estate are gathered in. For example, shares or the family home are sold. Any debts payable by the estate are discharged. For example, outstanding utility bills on the family home. The estate is distributed in accordance with the Will or intestacy rules. The probate lawyer prepares estate accounts to show the monies and assets received, debts and taxes paid and how the estate was distributed. When probate is complicated Some grants of probate are straightforward, but others can be complicated. Examples of potentially complex probates include: If the named executors in the Will do not get on with one another. If the beneficiaries named in the Will are likely to challenge the speed or work of the executors in securing the grant of probate and distributing the estate. If the validity of the Will is challenged. If there is a dispute over the Will and questions over whether the deceased made fair financial provision for a dependant. If there are likely to be complicated inheritance tax or capital gains tax issues. The size of the estate or the nature of the assets. For example, where the estate consists of a large buy-to-let property portfolio or overseas assets, such as a holiday home. The beneficiaries want to change the estate distribution by making a deed of variation. [related_posts] Who pays for probate? Some people think that if they are named as an executor in a Will, they must personally obtain the grant of probate. That isn’t normally the case, as an executor can choose to instruct a probate solicitor. The estate pays the costs of instructing a solicitor before it is distributed to the beneficiaries. The probate solicitors’ cost will depend on the size and complexity of the estate. Evolve Family Law believes it is very important that fees are transparent, and we publish a price guide. For a bespoke quote, please call us so we can review the work you would like us to do. Is a grant of probate necessary? In some family situations, an executor, a loved one or a beneficiary will question whether a grant of probate is necessary. In situations where the estate is very small, a grant of probate may not be necessary. The requirement for probate does not depend on whether there is a Will or whether a husband or wife is inheriting the entire estate. Instead, the requirement for probate depends on the size and nature of the estate's assets. If there is a property to sell, a grant of probate will always be required. If you aren’t sure whether a grant of probate will be needed or not, our Manchester and Cheshire probate solicitors are always happy to advise you on whether a grant of probate is needed and, if so, the likely probate solicitors’ fees for securing probate for the estate. Get in Touch With us Today for Estate Administration Advice.

As North West divorce solicitors specialising in resolving financial disputes after a separation or divorce, we spend a significant amount of time addressing ownership and the treatment of business assets. If you own shares in a family business or are a partner in a limited liability partnership, or a sole trader, or a spouse whose partner has business interests, then Evolve Family Law has the expertise and experience to help you negotiate a fair financial settlement even where business assets are considered complex or non-realisable. Contact Evolve Family Law. Family assets or business assets  Many people assume that if they split up from their spouse, their business assets are ring-fenced and will not form part of the financial settlement. That isn’t the case. In divorce financial settlement proceedings, the court can order the valuation of a business and the sale or transfer of company shares. Is a business asset a family asset or a non-matrimonial asset? A business can be either a family or matrimonial asset or a non-family or non-matrimonial asset. If a divorcing couple cannot agree on the status of the business, the family court can rule on whether the asset is a family or non-family asset. The answer will depend on the family circumstances. The distinction of whether a business is a family or non-matrimonial asset is important because the value of the business may exceed the equity in the family home, any savings or the value of pension funds. The court can hold that business interests are a family asset even if the shares in the family business are owned solely by one spouse, and the other spouse has had no day-to-day involvement in the business. If a couple agrees or the court orders that a business is a family asset, the court can share the business's value by selling or transferring it, or by offsetting its value. Offsetting means the non-business-owning spouse receives a larger share of the equity in the family home, investments or pensions. If the business asset is deemed to be a non-matrimonial asset, then the court will only share its value with the other spouse if it is necessary to do so because the division of the family assets is insufficient to meet reasonable needs. A spouse’s reasonable needs may include housing for themselves and minor children. For example, if the equity in the family home is £500,000, and the shares in the family business are worth £3 million and the spouses will each need £500,000 to rehouse themselves. Legal advice when you are divorcing, and there are business assets It is therefore important to get specialist advice from a Manchester divorce solicitor on business assets within divorce proceedings so that you understand: The relevance of business assets to your financial settlement. How to get the business asset accurately valued. The options on how to reach a financial settlement where there are business assets. Tips for those who are divorcing with family businesses Here are some tips on what you should consider if you are divorcing and either you or your spouse has business assets: Make sure that the business is accurately valued. The choice of valuation method may significantly affect its value. The value of a shareholding may be affected if it is a minority shareholding or has limited voting rights. Take legal advice on the best person to value the business. It could be the existing company accountant, business advisor, or a forensic accountant. Understand the tax implications of agreeing to a sale or the transfer of shares. If you are an employee of the company, make sure that the financial court order deals with your employment status and any tax implications of terminating the employment. If you intend to continue in business with your former husband or wife, ensure that, as well as obtaining a financial court order, you also regulate the new business arrangement with a new shareholder agreement or partnership agreement. Business valuations in financial settlement negotiations or court proceedings There are many different methods of business valuation. These include: The net book value. Multiple of profit. Capital value or a combination of value and profit. Getting the valuation method right can make a significant difference to the size of the financial settlement. If the net book value is used, the valuer must be satisfied that the assets are correctly valued in the business accounts. Sometimes the assets are included in the accounts at an artificially low figure, or the assets have not been revalued for some years. If a business valuer is valuing a shareholding using a profit multiple, this can be difficult, as profits may have been overstated or understated in the accounts. In addition, the accountant needs expertise to understand the appropriate multiples for the business sector. Employment in the family business and divorce proceedings  A spouse who was a ‘sleeping partner’ or an employee in the business during the marriage to maximise the tax advantages to the family may find themselves with unexpected and unwelcome tax liabilities unless their family solicitor and financial advisor explain the consequences of exiting the business and put protection strategies and liability cover in place in the financial court order. If a business owner negotiates to retain their business as part of their financial settlement, they may find they have an unexpected business exposure if their ex-spouse does not agree to resign from the company and to forgo any employment law claims in the preamble to the financial court order. This point is important, as some former spouses who remain employees of the business can bring an employment tribunal claim without a limit on the employer’s liability for discrimination. The claim can be prevented if the employed spouse agrees to forgo any such claims as part of their divorce settlement. If a spouse is reliant on income from the business to meet their outgoings, the financial settlement can still include the transfer of their shares, the termination of their employment and the payment of lifetime or time-limited spousal maintenance. If the spouses are nearing retirement, the financial court order could include a pension-sharing order, so the financially stronger spouse shares their pension income while retaining the business in the financial settlement.      [related_posts] Family business protection in financial court orders   When a husband and wife agree to separate but want to continue operating the family business together, the agreement must be properly documented to avoid disputes and minimise the risk of a future falling-out. Protection can take the form of written employment contracts, a shareholder agreement, and a family financial court order. These documents provide checks and balances, such as recording the agreed policy for declaring dividends or for employing new staff, ensuring both spouses have legal protection. With these documents in place, many spouses can work together successfully even if they can’t continue living together. Prenuptial agreements and their role in protecting business assets   A prenuptial agreement (or a postnuptial agreement if a couple is already married) can sometimes be the ideal solution to protect business assets from financial claims in divorce proceedings. A prenuptial or postnuptial agreement can try to ring-fence the business completely from claims in divorce. If this is not possible, the agreement can include provisions to protect the family business in the event of a divorce. When it comes to the business of divorce, it pays to get the right legal help from experienced and expert divorce solicitors, such as Evolve Family Law. Contact Evolve Family Law.

You can write your own Will. However, if you don’t get your Will right, the problems are not discovered until after the Will maker’s death, leaving their loved ones to cope with their bereavement and the complexities of trying to sort out the estate. That’s why Will Solicitors recommend getting specialist advice on your Will and estate planning. In this blog, Estate Planning Lawyer Chris Strogen examines some of the common problems encountered with do-it-yourself Wills. Contact Evolve Family Law for help with writing your Will. Do I need a Will? All adults need a Will, whatever their personal or financial circumstances. Here are some common reasons why people realise they need a first Will or to change an existing Will: Getting engaged or married. Living with a partner in a cohabiting or non-married relationship. Buying a house. The birth or adoption of children. A period of ill health. Separating or divorcing. Complicated blended family circumstances with children from different relationships or step-children. A recognition that if you pass away, your financial dependants, such as your young children or partner, need financial protection. A desire to make specific bequests of items of sentimental value to family members or to leave a share of your estate to a favourite charity. Setting up a business or going into a partnership. Deciding to estate plan and providing family members with lifetime gifts, such as a house deposit. Recognition that your estate has grown and inheritance tax will be payable. The death of a loved one and receipt of an inheritance. The sale of a family home or business. Acting as executor of a loved one's Will or as the administrator of an intestate estate and realising why a well-written, up-to-date Will is required. Even if none of these trigger events is relevant to your circumstances, you still need a Will. It is best to get one ready when it is not an emergency, so you have plenty of time to organise it.     DIY Will or a professional Will by a Will Solicitor Having acknowledged that they need a Will, some people are tempted to write their own Will because they think ‘’how hard can it be to put down on paper what will happen to my money?’’ The answer is that it can be surprisingly easy for someone to prepare a Will that is either not legally valid or doesn’t say what they meant it to say. That’s why a professionally drawn up Will is an investment and should give you and your family peace of mind compared to reliance on a DIY Will or free Will where the Will writer has not spent the time getting to understand you, your wishes and your family and financial circumstances. [related_posts] Common problems with Do-it-Yourself Wills Here are a few of the common problems with DIY Wills: The Will is not valid. Not all the assets are included in the Will. The wording in the Will has unintended consequences. Family members think the DIY Will can be challenged and contested. Examples of problems with DIY Wills Here are some examples of how common Will problems can have massive consequences for loved ones: Will validity issues One person witnesses the Will. Two people need to witness the signing of the Will. If they don’t do so, then the Will isn’t valid. One or both witnesses to the signing of the Will did not see the Will maker sign his or her Will. If the Will is challenged, its failure to be properly executed could render it invalid. Two people witness the Will, but one of the witnesses (or their husband, wife or civil partner) is left a share of the estate or a legacy in the Will. Although the Will is legally valid, the gift to the beneficiary (or their spouse or civil partner) is void. Not all the assets are included in the Will The Will writer assumed that their jointly owned family home would pass by their Will. That will not occur if the family home is owned as joint tenants and the joint tenancy was not severed. The deceased’s share in the family home will pass to the surviving co-owner, whatever the terms of the Will. The Will writer thought their pension fund monies would go to a loved one under the provisions in the Will, but the scheme rules say that the pension fund passes by nomination rather than through the provisions in a Will. The wording in the Will has unintended consequences The Will leaves the family home or business to a beneficiary, but at the date of death, the family home or business has already been sold. The beneficiary isn’t entitled under the terms of the Will to the sale proceeds of the family home or business. The beneficiary may therefore end up with nothing whilst the person writing the Will thought they were leaving their most valuable assets to a named beneficiary. After making various specific gifts to beneficiaries, the Will doesn’t say what will happen to the balance of the estate, referred to as the residue. That could result in a partial intestacy, with some of the estate passing to unintended beneficiaries under intestacy rules. The Will does not say who will receive a gift or the residue estate if the named beneficiary dies before the person writing the Will. The gift will not go to the intended beneficiary's nearest relative and instead will fail. This will increase the size of the residuary estate. If the person who is gifted the residue of the estate passes away before the Will maker and there is no substitute beneficiary named in the Will, then the residue of the estate will pass in accordance with the intestacy rules In addition, with a DIY Will, a Will maker might not carry out any inheritance tax planning as part of their Will preparation. Not taking this step could mean the difference between the estate paying no inheritance tax or thousands in inheritance tax. These are just a few of the things that can go wrong when you choose to write your own Will. Sadly, it is often not until it is too late, and someone has passed away, that friends and family learn of the unintended consequences of a poorly prepared do-it-yourself Will, and the emotional and financial costs of trying to rectify problems or deal with inheritance disputes and challenges to the Will. Using a Will Solicitor to write your Will Sometimes people put off seeking advice on writing a Will because they think their financial or personal circumstances may change, and they do not want to keep changing their Will. That is normally not necessary, as a Will can provide for the birth of future children or grandchildren (they do not need to be specifically named) and can be made in contemplation of a forthcoming marriage.    If you are concerned about the cost of getting a professionally drawn up Will, then a solicitor can talk you through the cost. Evolve Family Law publishes a price guide for the services we provide, including the cost involved in preparing a Will or Lasting Power of Attorney for you. Many realise that getting an expert to write a Will is not only not expensive but also provides the security of knowing that your loved ones are properly protected. Contact Evolve Family Law for help writing your Will.

Some people don’t like to admit that they are in an emotionally abusive relationship. Others recognise that their partners' actions are abusive, but they are uncertain about what they can do about it. In this blog, our Northwest divorce solicitors look at what you can do about emotional abuse in your marriage.   Call Evolve Family Law or complete our online enquiry form. What is emotional abuse? Even family lawyers find it difficult to define emotional abuse. Unlike physical violence, there is no unmistakable slap mark, bruise or fracture. The effects of emotional abuse are subtle, but they can be as damaging as physical abuse. Emotional abuse is the exertion of control through the manipulation of emotions. It isn’t typically a one-off experience; it's usually a slow and invidious process until you reach the point where you no longer have the strength to recognise the behaviour as abusive, the ability to call out the abuse or leave the relationship. Sometimes it can take seeing your partner start the same pattern of emotional abuse with your child to trigger the decision to do something about the abuse in your relationship. Emotional abuse is best described by the actions it involves: Constantly belittling you. Controlling your actions. Restricting access to friends and family. Examples of emotional abuse in a marriage When friends or relatives see your spouse as loving and attentive, it can be hard to explain that there is another side to the relationship. The best way for family members and others to understand why you need help is to give examples of the emotional abuse, such as: Being told you are a fool or stupid. Questioning your sanity if you disagree with them. Controlling what you can wear or eat. Restricting access to family or friends. Telling you that their behaviour and their control over what you can do is for your own good. Emotional abusers can temper their control and abuse with gifts and kind words, thus presenting to the world as a caring spouse and giving you hope that they have changed or making you think that they can’t help their behaviour because they love you so much. This type of abuse is so subtle and powerful that people from all walks of life can find themselves caught up in an abusive relationship and not know how to get help. Getting help with emotional abuse in a marriage If you have experienced emotional abuse during your marriage, then speaking to a family law solicitor is a good starting point. A family lawyer will not tell you to get divorced. The solicitor will listen and then explain your rights and options. Your options may include: Couple counselling. Individual therapy. A trial separation. Applying for a non-molestation order or occupation order. Starting no-fault divorce proceedings. The option that is right for you and your children will depend on whether you think counselling will work, or the extent of the abuse, or its impact on your children. A lawyer can give you information on financial settlements and likely parenting arrangements after a separation or divorce to help you make an informed decision on what action to take. [related_posts] Injunctions and emotional abuse People often say they do not think they can apply for an injunction order because they do not see themselves as a victim of domestic abuse, or do not think they would be believed. Sadly, for many husbands and wives, their spouse’s emotional abuse can become part of their daily life, so they become inured to it. Often, it is when their partner’s behaviour has turned on the children that the behaviour is seen for what it is: emotional abuse. If you have experienced any form of abuse, you may be able to apply for a non-molestation order or an occupation order.  A non-molestation order says that your partner must not abuse you. The injunction can be enforced if it is breached. An occupation order allows you to live at the family home until the family court decides whether the property should be sold or transferred to you or to your spouse. Depending on the level of abuse and other factors, the court may allow your spouse to live at the family home with you until it makes a financial court order, or the court could grant you an occupation order and make an ouster order to oust your spouse from the property temporarily until a long-term decision is made about how your assets will be divided between you. Divorce proceedings and emotional abuse Some people feel stuck in their marriage because they do not think that they can get divorced unless their spouse will accept that he or she committed adultery or they have evidence of their spouse’s unreasonable behaviour. This is no longer the case. Fault is no longer central to divorce proceedings in the English family court. With the introduction of no-fault divorce proceedings, you no longer have to state in the divorce application that your spouse behaved unreasonably and cite emotional abuse or other forms of domestic abuse, or say that your spouse had an affair. Instead, you can apply for a divorce if you think your marriage has irretrievably broken down. Your spouse’s opinion on the state of your marriage doesn’t matter, as it is your opinion that counts. Your spouse cannot object or defend the divorce proceedings on the basis that they don’t want a divorce, and there is no requirement to explain the reasons for the marriage breakdown in the divorce application. Although a spouse has very limited grounds to oppose a divorce, an emotionally abusive spouse can try to stop you from starting divorce proceedings by threatening to apply for custody or full-time care of the children or by saying that you are financially tied to them because if you divorce you won't find their assets or you won't get anything as the judge will let them stay in the family home and care for the children. Advice from a family lawyer can help you understand the law and your rights. Family law advice and emotional abuse Family law solicitors say it is important to take time to reflect on your partner’s behaviour and to assess whether what you have experienced is emotional abuse. You then need to consider if there is any realistic prospect of your spouse recognising their behaviour as abusive and doing something to change their behaviour. An experienced and understanding family law solicitor will talk you through your options. Importantly, they won’t try to control your decisions or tell you what you must do. However, they can guide and support you, whether you choose to stay with your partner or decide that separation or divorce is the best option for you and your family.   Call Evolve Family Law or complete our online enquiry form. Our latest blogs

The blog title is to grab your attention. Statistically, if you are nearing retirement or are retired, you are more likely to need the services of a prenuptial agreement solicitor than someone in their 20s, 30s or even 40s. In this blog, our family law solicitors explain why a prenuptial agreement is required, whether you are a retiree or a bit younger. Contact Evolve Family Law for specialist family law advice. Marriage statistics The Centre for Social Justice published a report in February 2026 ‘’I DO? The state of marriage in the United Kingdom.’’ The report highlights: The marriage rate among male pensioners is almost a third higher than for men in their early 20s. The marriage rate among men and women in their 20s has fallen by about 90% over the last 50 years. In 2023, the average age at marriage for men was 34.8 years and for women 33 years. The average age for marriage has continued to rise. The statistics, mainly sourced from the Office for National Statistics, explain why family law solicitors have seen an increase in enquiries about prenuptial agreements from those marrying later in life. Prenup agreements for later-life marriages  Ask a prenuptial agreement lawyer, and they will tell you that you should sign a prenuptial agreement whether you are getting married in your 20s, 30s, 40s, 50s or later. However, there may be particularly compelling reasons why you should take legal advice on a prenuptial agreement if you are getting married or remarried in later life: You are more likely to have children from a first or second marriage or a cohabiting relationship. You are more likely to be a homeowner. You may have contributed to a pension for most of your working life. You may be due to receive a substantial inheritance from your parents. You may be a business owner or have substantial cash or investments following the sale of a family business. These are all solid financial reasons for signing a prenuptial agreement. However, many engaged couples who are remarrying after an earlier divorce choose to sign a prenuptial agreement because they do not want to risk a bitter and expensive court fight over how their assets are divided if they divorce. The strength of their views on the importance of a prenuptial agreement is often coloured by the animosity and complexity of the financial remedy proceedings that ended their first or second marriage. [related_posts] Tax planning and prenups For some couples, the decision to marry is tax-related. A couple may have been in a loving and stable relationship for 20-plus years and see no reason to marry, except for the tax benefits. If you are in an unmarried relationship and you pass away, your estate pays inheritance tax and does not get the benefit of a spouse exemption. If you marry and leave your estate to your spouse in your Will, there is normally no inheritance tax payable because of the spouse exemption rule. The IHT spouse exemption rules apply whether a testator was married for five months or 25 years at the date of their death. Likewise, there are no tax concessions for unmarried couples, even if a cohabiting relationship lasted for over 25 years. Inheritance tax efficiencies, therefore, encourage later-life marriage. Those who are financially savvy often want to combine tax and estate planning with a new Will, Lasting Power of Attorney, and a prenuptial agreement. Adult children and prenups If you have adult children, you may be wary of remarriage because you do not want your children to lose out financially by your decision to remarry. Most people have heard horror stories of six-month second marriages, with the new spouse getting all their deceased spouse’s money, and the adult children of the deceased parent losing out and inheriting nothing when their parent died. On the death of the step-parent, the entire estate might then be left to the step-parent’s biological children or to charity. A prenuptial agreement can protect the person getting married from the risks of divorce. A carefully drawn up Will can protect both the new spouse and children from earlier relationships from feeling that their spouse or parent made no provision for them. Wills, estate planning and prenups working together If you are getting married or entering a second or third marriage in your later years, it is important that you have both a Will and a prenuptial agreement. The two documents do different things, and their contents can be the same or different. A Will governs what your spouse inherits if you die. A prenuptial agreement only covers what happens if you separate and divorce. In your Will, you may want to give your spouse the right to live in the family home for life or for a specified period. The Will could state that when the property is sold, your children are to receive the sale proceeds. Alternatively, the Will may divide your estate between your spouse and your children or include a discretionary trust enabling your trustees to advance capital or income to your spouse and children from prior relationships to ensure all their needs are catered for. A prenuptial agreement may be less generous to your spouse than your Will, as it will only be relevant if you are separating. While you may not want your spouse to get anything if you divorce, your prenuptial agreement lawyer will recommend that the terms of your family agreement are fair and cover your spouse’s needs. Depending on the extent of your spouse’s individual wealth or joint assets, your spouse may need extra money from you to meet their housing needs or income needs if you divorce. This may be particularly true if you are marrying later in life and your spouse cannot obtain a mortgage because of their age or has a reduced earning capacity due to their age or health.   Talk to Evolve Family Law At Evolve, our lawyers specialise in prenuptial agreements, postnuptial agreements, estate planning and Wills. If you intend to marry, our experts can advise on what needs to be done to make your prenuptial agreement as water-tight as possible and provide estate planning advice to go alongside your relationship agreement. Contact Evolve Family Law for specialist family law advice.

In this article, prenup agreement solicitor Robin Charrot looks at how to get a prenup. Contact Evolve Family Law for prenup legal advice. Getting a prenup There are a few basics to think about if you want a prenup: Find a family law solicitor with prenuptial agreement expertise. Give yourself sufficient time to broach the subject of signing a prenuptial agreement with your partner. Instruct your family lawyer early enough so they can advise you on the agreement, negotiate the terms and finalise it at least 28 days before the wedding. An effective prenuptial agreement takes time to prepare; it isn’t downloaded off the internet and should not be rushed. Remember, your partner will also need time to consider the benefits of a prenup before being rushed into signing. Choosing a family lawyer for prenuptial agreement advice Choosing a lawyer for prenuptial agreement advice is harder than it sounds. Although most family law solicitors can advise on relationship agreements, you want a lawyer who: Will advise you on the fairness aspects of the prenuptial agreement – the lawyer’s advice may seem contrary to your interests or those of your family, but it is not. Has substantial experience in financial settlement negotiations and court representation and therefore understands how the court will assess needs when making a financial court order in a financial remedy application. Is empathetic and able to negotiate with sensitivity to the situation. At Evolve Family Law, our prenuptial agreement solicitors understand that you need expert family agreement legal advice, but you don’t want your relationship and marriage plans jeopardised by lawyers taking a bullish attitude in letters or roundtable negotiations about what should go into the prenup. Are prenups unromantic? One of the issues about getting a prenup is the fear that you will be labelled as unromantic and that will cause your fiancée or fiancé to have doubts or cast a pall over the wedding preparations. Whilst prenups may not be romantic, they do show that you care and that you are taking your marriage seriously. That’s because a prenuptial agreement must be ‘fair’ to both husband and wife or to both civil partners for it to be effective. Therefore, if you are the financially weaker party to the marriage or civil partnership, the suggestion of a prenup, whilst not romantic, offers peace of mind and a degree of financial security. When family members are taking the first steps to your getting a prenup. Our prenuptial agreement solicitors are often approached by third parties making initial enquiries to help an engaged couple get a prenup. There can be many very valid reasons for this, such as: Parents want to protect the deposit on the family home because they gifted the deposit money to their son or daughter. Grandparents intend to make lifetime giftsto a grandchild as part of estate planning and want to keep their gifted money ‘in the family’. A parent or grandparent, having transferred assets to a child to avoid care home fee issues or to minimise inheritance tax, wants to ensure that the transferred property is ring-fenced in the prenuptial agreement. A family member who has transferred shares in a family business to the younger generation as part of business and retirement planning wants to safeguard their gift. The trustee of an onshore or offshore discretionary trustwants to protect beneficiaries because the trustees anticipate making future capital or income distributions. A family member has left a substantial legacy in their Will to the fiancée and wants to ensure that the legacy is protected through ringfencing by the fiancée getting a prenuptial agreement. A parent or family member has been through a difficult divorceand wants the engaged couple to have a prenup to ensure that they don’t end up in a bitter and expensive court battle over how to split their assets. A parent or other family member is from a country where prenuptial agreements are commonplace. An accountant, financial advisor or other professional whose job is to provide their client with financial protection wants to ensure their client receives specialist prenup legal advice. For example, a sports agent whose young client is a high-earning sportsperson with a time-limited career or a financial advisor whose client has won the lottery or received a personal injury compensation award.   Sometimes, a fiancé or fiancée, who is the financially weaker party to the forthcoming marriage, may actively seek a prenuptial agreement to show they are not a gold digger and are not marrying for financial reasons. Equally, the financially stronger party to the engagement may want to protect their partner by providing the security of a prenuptial agreement that meets their needs should the couple decide to separate after their marriage. How to get a prenup The often-asked question is ‘how to get a prenup’, whereas the question really is ‘how do I get my partner to agree to a prenuptial agreement and how do I tactfully raise the topic?’ Every couple is different, so what works for one won’t work for someone else. Prenuptial agreement solicitors say it is best to avoid the topic whilst on bended knee or when saying yes to a marriage proposal. Equally, it is best not to leave the question of a prenup to the last minute when you or your partner is stressing about wedding arrangements and last-minute preparations. For a prenup to carry weight with the family court in any future financial remedy application proceedings, it should ideally be signed at least 28 days before the wedding. That means the topic of the prenup agreement must be raised well in advance of the wedding date so the agreement's contents can be fully discussed and negotiated. One of the best ways to raise the topic of a prenup is in a general discussion about your future together. For example, you may be planning to move in with a partner, buy a house together, or start a family. Another option is to raise the topic of a prenup during discussions about post-marriage financial planning. This could include conversations about: Writing a new Will. Signing a new Lasting Power of Attorney. Taking out additional life insurance or critical illness insurance. The key point about a prenup agreement is that it should protect both of you; it must be fair and meet both of your respective needs to be given weight by the family court.   [related_posts]   Conditions for a prenup Prenuptial agreement solicitors say that unless an engaged couple comply with certain conditions, the prenup may carry little or no weight in any future financial court proceedings. The conditions are: The prenup must have been freely entered. The implications of signing the prenup were understood. Both signatories to the prenup provided financial information about their assets, income and any debts. Both parties took Independent legal advice on the prenup. The agreement is not significantly unfair to one spouse or civil partner. Ideally, the agreement was finalised at least 28 days before the wedding.   Prenuptial agreement solicitors say that if you are interested in learning more about signing a relationship agreement, the best way forward is to have a chat with an expert so you get a better idea of how a prenup may help protect your family. Northwest family law and prenuptial agreement solicitors For legal help with a prenuptial agreement, call Evolve Family Law or complete our online enquiry form.

Prenuptial agreements are financially prudent and the sensible, if unglamorous, part of wedding planning.​ In this blog, our family agreement solicitors examine whether a prenuptial agreement is binding in the UK. Contact Evolve Family Law for prenup legal advice.   What is a prenuptial agreement? A prenuptial agreement is an agreement an engaged couple can enter into before their marriage, outlining what will happen with their assets if their relationship breaks down and they separate or divorce. A prenup should be bespoke to you and your financial and personal circumstances. You could choose a comprehensive agreement that covers all aspects of your finances or use the prenup to: Record what assets you both agree are family assets or non-family assets. To ringfence specific assets so your spouse will not be entitled to ask for a share of those assets. Record which court jurisdiction will be used to obtain a divorce and financial court order. Specify how you will resolve any disputes if your marriage breaks down, such as the use of family arbitration. Specify the financial settlement and how assets will be divided and needs assessed if the relationship breaks down. What assets can a prenuptial agreement protect? The assets you or your fiancée may want to ringfence and protect from future financial claims include: A property bought before your marriage or a buy-to-let property portfolio. Your pension if significant pre-marriage contributions were made into the pension fund. Lifetime gifts received from parents and grandparents. Shares in a family business. Savings and investments. A legacy or future inheritance. A distribution or future distribution made by the trustees of a discretionary trust. A financial settlement received after your divorce from your first husband or wife. A lottery win. A personal injury compensation award. Property or assets transferred into your name by parents as part of their care home fees planning strategy. If you do not have any of these assets, a prenup can still be useful if you or your partner is likely to receive an inheritance or is the beneficiary of a discretionary trust. Your fiancé or fiancée may be unsure about what a prenuptial agreement does and its status if you separate. They may therefore be wary about signing the document, especially if you have had time to consider what you think should be included in the agreement, but they have not. It is best not to make assumptions about your partner’s understanding of what a prenuptial agreement is and will do.   Prenuptial agreements and UK family law Family law in England and Wales does not make prenuptial agreements automatically legally binding on the parties. The law on financial settlements after divorce is contained in the Matrimonial Causes Act 1973 and in case law that judges should follow when making financial settlement rulings. The landmark Supreme Court case of Radmacher v Granatino in 2010 remains the leading caselaw on the treatment of prenups in financial remedy applications. In summary, if a prenup was entered into freely and with full understanding, the courts should give it decisive weight, provided that its terms are fair and meet both spouses' needs. Prenups, although contracts, are different from commercial contracts, where there is certainty that a court will uphold the terms if it finds that a contract was entered into between the parties. The legal status of prenuptial agreements and their enforceability A prenuptial agreement is a contract. Although it lacks a statutory or legislative basis, it has legal status through case law, particularly the leading Radmacher court case. In the Radmacher case, a French husband and a German wife entered into a prenuptial agreement before their marriage. The agreement said neither the husband nor the wife would make a claim on the other’s property if they divorced. The husband made a financial claim in England as the English court had jurisdiction. The wife argued that the prenuptial agreement should bind the husband, but the husband said it was unfair because circumstances had changed: the couple had two children, and he had not received legal advice or financial disclosure before signing. The Supreme Court said that a court deciding on a financial settlement in financial remedy proceedings should uphold a prenup if it was ‘’ freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.” Since the decision in Radmacher, there has been a series of court decisions on whether a spouse should be bound by the terms of the prenup, with spouses challenging the agreement on: The prenup safeguards in Radmacher and subsequent case law were not met, or The terms of the agreement were not fair or did not meet reasonable needs. A specialist prenuptial agreement solicitor can help draft an agreement that meets the requirements for a prenup to be effective and, using their expertise and experience in negotiating financial settlements, to try to ensure that the court will conclude the agreement meets the parties' reasonable needs or will give the agreement sufficient weight to limit the size of the financial settlement compared to the financial court order the court would have made if the couple had not signed a prenup. [related_posts] Case law considerations for an enforceable prenup Case law recommends that couples and their prenuptial agreement solicitors follow certain requirements. If they do so, there is a greater likelihood that the court will issue a financial order in accordance with the terms of the prenup. There are no guarantees, as every decision is case-specific. However, a specialist prenup lawyer can advise on the requirements that will cause the greatest issues, such as fairness and needs. The five requirements for a prenup to be upheld or given weight in financial remedy proceedings are: No coercion. Independent legal advice. Financial disclosure. Signed at least 28 days before the wedding. Terms are fair, and needs are met.   No coercion means the prenup must have been entered into voluntarily. Both parties taking independent legal advice and negotiating the contents can help establish that the prenup was not forced on one party to the marriage. Financial disclosure may seem an odd requirement, as many engaged couples are reluctant to let family lawyers advise on financial paperwork, fearing that disclosure may unravel an agreement they have reached verbally with their fiancé or fiancée. However, a party to a prenup cannot give informed consent to the agreement if they do not know the value of the family and nonfamily assets, or the likelihood of further wealth through lifetime gifting, inheritance, or discretionary trust distributions of capital and income. The requirement to sign the prenup at least 28 days before the wedding is to prevent agreements being presented at the church door and the financially weaker partner feeling pressured to sign so the marriage can take place. However, some agreements have been upheld even though they were signed days before the ceremony. Every prenup is case-specific, and the court assesses each factor before deciding what weight to give it. Meeting all the requirements significantly increases the likelihood that the prenup agreement terms will be made into a court order or that the court will make a financial order in substantially the same terms. Financial disclosure, fairness and needs in prenuptial agreements The skill in drafting a prenuptial agreement lies in knowing the extent of the financial disclosure required to satisfy a court that both parties understood the other's wealth and expectations, and in advising on fairness and needs. If a family lawyer is advising the financially stronger party to a prenup, it is in their interests to ensure financial disclosure is provided and assets are accurately valued. Fairness and need take experience and expertise to assess. Prenuptial agreement solicitors Although prenuptial agreements are not automatically enforceable as contracts in family law, the court can make a financial court order in the same terms as the prenup, or make a significantly reduced financial settlement compared to what it would have ordered if there were no prenup. When the formalities of a prenup are met and the agreement is carefully drafted to pass the fairness test, a prenup provides security and peace of mind. Our family agreement solicitors can expertly help you finalise your prenup, ensuring the process is straightforward and stress-free so you can concentrate on the enjoyable aspects of wedding planning. Contact Evolve Family Law for prenup legal advice.