Family Law Guidance

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.

When a marriage ends during retirement, there are emotional, practical and financial implications that may affect you, your adult children, and your grandchildren. Retirement can bring into focus that your life goals have diverged from your spouse's, and that relationship problems masked during busy work lives mean the relationship is no longer sustainable. At Evolve Family Law, our family law solicitors provide expert later-life divorce advice to secure the best outcome for you. Get in Touch With us Today. Divorce in retirement Statistically, divorce in retirement is on the rise. That is down to: Longer life expectancy. Greater expectations of life in retirement. Experience of financial independence in marriage. Social norms and acceptance of divorce. Different retirement lifestyle choices are available as we live in an age where choices are available. If you are one of the people referred to in the press as a silver or grey divorcee, your separation or divorce during retirement may be particularly painful if you are blindsided by your spouse’s decision to end the marriage and if you are unsure of the steps you should take. Navigating the family complexities of separation in later life Your separation or divorce may affect the whole family. Your adult children and grandchildren may also be impacted because: Your adult children may be living at the family home because they are struggling to buy a house or rent. Your plans to give your adult children money for a house deposit may have to be put on hold or cancelled. You may need to return to work or work for longer, so you will not be available to provide childcare for your grandchildren. If you pay for a grandchild to be privately educated, this may not be sustainable because of the financial impact of the separation. Your adult children may blame you or your spouse for the marriage breakdown and want to restrict their contact with you. This can be particularly hard when you have grandchildren. At Evolve Family Law, our later-life divorce solicitors understand the broader implications of divorcing in retirement and the sensitive issues that you may be grappling with. Modern divorce law Experienced divorce lawyers recall the days when a spouse could object to a divorce or claim there were no grounds for divorce. That’s no longer possible with the introduction of the no-fault divorce law. In no-fault divorce proceedings, either the husband, the wife, or the couple can file jointly for a divorce on the basis that the marriage has irretrievably broken down. Even if you don’t think the marriage is over, your spouse can still divorce you if they believe that the marriage has irretrievably broken down. It can be challenging to hear that there are very few grounds to contest a divorce. Divorce or separation agreement For some couples, divorce is not a priority. When ending a marriage in retirement, there may be financial reasons to remain married while living separately. It may be feasible to reach an amicable financial settlement that can be documented in a separation agreement. That approach will not be possible if you or your spouse wants a share of the other’s pension through a pension share, as a pension provider is only authorised to share a pension if there is a pension sharing order in place. There may be other reasons a divorce may be required, such as remarriage plans or a fear that one spouse is at risk of bankruptcy, so the other spouse needs the security of a financial court order. A divorce solicitor can talk through the options of starting no-fault divorce proceedings or signing a separation agreement. The decision will depend on your personal preferences, financial situation, and asset structure. It's best to speak to a specialist family lawyer, as you may think that your estranged husband's agreement to pay voluntary spousal maintenance under a separation agreement is as good as a pension sharing order achieved through a divorce and pension sharing order. However, there are significant differences between the two options, and one may leave you financially vulnerable.  Financial considerations of divorce in retirement There are special financial considerations of divorce in retirement, including: Financial retirement planning was based on your living together with a joint retirement income. Health concerns in later life may impact your housing and income needs and ability to return to paid employment. You may not be able to secure a mortgage if you are unable to rehouse yourselves from the equity in the family home and any investments. Financial decisions, such as early retirement or the purchase of an annuity, may have been made before the decision was taken to separate. Plans long anticipated, such as going on a world cruise or making a lifetime gift to adult children as part of estate planning, may no longer be affordable. Pensions and pension sharing Aside from the equity in the family home, your pensions may be your largest asset. You may not have drawn down on all the pensions, or you may have taken your 25% tax free lump sum but chosen not to buy an annuity or to take a regular pension income. Whatever pension planning decisions you have made, they will need to be reviewed if you separate and divorce. The family court can divide the pensions of married couples in one of three ways: Pension offsetting. Pension attachment order. Pension sharing order. With pension offsetting, you or your spouse gets other assets to compensate you for not receiving a share of your spouse’s pension. The asset you receive to offset the pension value could be an investment, an increased share in the equity in the family home, or the transfer of the family home into your sole name. A financial advisor can explain whether cashing in the investment or downsizing from the family home to a smaller property will generate enough capital to provide an income to make pension offsetting a more attractive option than a pension sharing order. Pension attachment orders are rarely made, as the more flexible pension sharing order has largely replaced them.  With a pension sharing order, a percentage of a pension is allocated to the other spouse, and it becomes their pension. The pension sharing order cannot be revoked or ended. For example, if the spouse inherits money from their extended family or remarries. Valuing pensions for pension-sharing orders can be complex. Although each pension provider gives an annual cash equivalent transfer value (CETV), the value may be artificially low if you or your spouse is a member of a public sector pension fund when compared to the CETV of a private pension scheme. Divorce solicitors work with pension actuaries and financial advisors to help you understand your pension options and to ensure you achieve a fair financial settlement. [related_posts]   Estate planning when divorcing during retirement Whether you divorce in your 30s or 70s, there are some estate planning issues to consider, but in a later-life divorce, the need to address them is more obvious. Estate planning issues include: Making a new Will. Reassessing any inheritance tax strategies. Signing a new financial Lasting Power of Attorney. Signing a new Health & Welfare Lasting Power of Attorney. Considering life insurance and pension nominations. A decision to separate results in the need to review existing estate planning documents or to consider writing a Will or signing a Lasting Power of Attorney. These steps should be taken when you decide to separate rather than waiting for the divorce proceedings to be finalised. Later life divorce solicitors When considering a later-life divorce, it is best to speak with a family law solicitor experienced in helping individuals navigate the challenges of separation and divorce in retirement. When your anticipated comfortable retirement is devastated by the commencement of no-fault divorce proceedings, it’s important to get comprehensive family law legal advice on all aspects of your separation, including: Financial settlements. Pension sharing. Housing and income issues after a later-life separation. Pension division and how spousal maintenance affects pension sharing. Separation agreements. Family mediation. One lawyer amicable divorce service. Converting an agreement reached into a binding financial court order. Estate planning updates, including a new Will and Lasting Powers of Attorney.   At Evolve Family Law, we will listen carefully to your concerns, explain your options, outline the legal process and do our utmost to help you reach a negotiated financial settlement so you and your estranged spouse can navigate your retirement after your divorce. Get in Touch With us Today.

About one-third of all UK marriages are second marriages. If you are in a second marriage or planning one, you need to know about Wills, estate planning and second marriages. Get in Touch With us Today for Will and Estate Planning Advice. The impact of a second marriage on your Will When you get married for a second time, your remarriage cancels your Will. You are treated as dying without a Will if you remarry and do not make: A new Will specifically said to be made in contemplation of your second marriage, or A new Will made after your second marriage. Dying without a Will is also called dying intestate. First Wills and second marriages If you do not make a new Will when or after you remarry, the relatives who were going to receive your estate under your first Will won't be able to use your first Will to obtain probate and won't receive their legacies under that Will. Instead, to get a share of your estate, they will either need to: Rely on the intestacy rules on estate distribution, or Bring a claim against your estate. The estate claim could bring them into conflict with your second husband or wife or other relatives receiving your estate under the intestacy rules. The intestacy rules and second marriages The intestacy rules say that if you die without a valid Will, your estate is distributed as follows: If you are married with children (from a first or later marriages or relationships), your surviving husband or wife gets the first £322,000 of your estate and all your personal items (chattels). The rest of your estate is divided equally between your spouse and your child. If you have more than one child, the children share the remainder equally. If you are married but do not have children, grandchildren or great-grandchildren, all your estate is inherited by your second husband or wife. An example of intestacy rules and blended families Take the example of Mike, who married Claire. It's the second marriage for both, and they each have three children from earlier relationships and first marriages. Mike dies after only 12 months of marriage to Claire. He leaves an estate worth £900,000. Out of the £900,000 pot, Claire receives £611,000. Mike’s three children share the remaining £289,000, with each receiving around £96,000. In her new Will, Claire is free to leave the £611,000 inheritance from Mike to her three children from previous relationships. The complications of intestacy rules and second marriages If you have married for a second time and have not updated an earlier Will, your Will is cancelled, and the intestacy rules apply to the distribution of your estate. The intestacy rules are rigid and inflexible. They can't be adjusted to fit your family's circumstances. Although the intestacy rules cannot be changed, some people have the right to apply to the court for reasonable financial provision from the deceased’s estate because the intestacy rules did not provide them with any or sufficient money. Unfortunately, a claim against the estate can add to the anguish experienced by a family after a bereavement and pit a widow or widower against the rest of the family. Take the example of Mike and Claire again. Claire is told three people are claiming a share of the money due to be distributed to her under the intestacy rules: Mike’s former wife is bringing a claim against the estate because Mike paid her spousal maintenance. She has grounds to bring a claim as Mike's dependent former spouse. Mike’s adult son is disabled and says the £96,000 isn’t a reasonable financial provision because whilst he needs somewhere to live, Claire is due to get £611,000 and already has her own house, pension and savings. Mike’s youngest daughter is going to university and says she needs financial help from her dad’s estate to support her through university. These claims could be expensive to resolve, and it could take a long time for the estate to be distributed. Your views on whether the intestacy rules are fair may be coloured by factors such as: Mike and Claire jointly owned a family home. The house is valued at one million. As Mike and Claire bought the house as joint tenants, Claire gets the house under the right of survivorship. That means she inherits Mike’s 500,000 of equity in the property and the £611,000 under the intestacy rules. Mike had a few pensions at the time of his death. As he had not completed any pension nomination forms, Claire will receive the pension income and be able to draw down funds as his widow. Mike and Claire signed a prenuptial agreement before their wedding. The agreement said that neither Claire nor Mike would have a claim to the other’s money if they divorced within three years of their marriage. Although the couple were only married for 12 months before Mike’s death, the prenuptial agreement does not apply as it only governs how their assets are divided if they divorce. Writing a new Will when you are part of a blended family  Will solicitors are told that a common reason for delay in making a Will after a second marriage is the fear of getting the contents wrong and creating unfairness between a new spouse and stepchildren or between half-siblings. Lawyers specialising in Wills know that balancing the needs of a second spouse with those of adult or young children, as well as any extended family or charitable bequests that may have featured in an earlier Will signed before the second marriage, can be hard. Talking to a Will solicitor can help you understand your options and provide information on how a new Will can include flexible provision and can be written in a way that caters for the needs of a second spouse and any children or other dependants. Protecting your spouse and children When it comes to writing second marriage Wills, the priorities of the Will maker are usually: To be fair. To meet the needs of family members. To provide flexible provision because the needs of individual family members are likely to change between the date of the Will and the date the Will maker passes away. The priorities can usually be met with a specialist second marriage Will. These types of Will often include: Creation of a discretionary trust in the Will, or A life interest in all or part of the estate for the second spouse, or The second spouse is given the right to live in the family home for life or for a specified period. The timing may depend on the length of the second marriage or other family circumstances. These provisions all create flexibility and allow a Will maker to balance the needs of their spouse, any children and wider family members. [related_posts]   The timing of Wills and second marriages Ideally, if you are getting married for a second time, you need to take some legal advice on the paperwork that should be prepared before your ceremony. These documents include: A prenuptial agreement. A Will made in contemplation of your forthcoming marriage. A Lasting Power of Attorney for financial affairs and a Health & Welfare Lasting Power of Attorney. Pension nominations. Life insurance nominations. If you are in a flurry about wedding plans and don’t get around to all the recommended pre-wedding paperwork, you can sign a postnuptial agreement and a new Will after your marriage. Wills in contemplation of marriage A Will made in contemplation of a planned wedding needs to be signed within a reasonable timeframe of the planned ceremony. You can't make a Will expressed to be in contemplation of marriage if you are in a new relationship and have not set a wedding date, or if you are planning a long engagement. If you are in a serious relationship and you want to leave a new partner a legacy, your Will solicitor may be able to prepare a codicil to your existing Will. Advice on Wills and second marriages Our Will solicitors provide specialist advice on estate planning, second marriages and blended families. We will listen to you to understand your priorities and offer guidance on how to structure your Will and estate planning to meet the needs of your family. Get in Touch With us Today for Will and Estate Planning Advice.

Traditionally, it was seen as necessary to have a divorce lawyer in your corner.  Helping you fight to gain custody of your children and the best financial settlement. The concept of a divorcing couple placing their trust and confidence in one family lawyer is relatively new. Some couples embrace the idea, whilst others are understandably wary. In this article, our family law solicitors outline how an amicable divorce works through Evolve Family Law's One Lawyer Divorce Service. Contact Evolve Family Law Today for Divorce and Family Law Advice.   What is one-lawyer divorce? The One Lawyer Divorce Service is a simple concept; a husband and wife instruct one family law solicitor rather than two lawyers. The lawyer listens to both husband and wife, then helps you facilitate an agreement and converts the agreement into the documents you need to: Obtain a no-fault divorce. Record the parenting arrangements for your children. Provide you with a binding financial settlement. Obtaining a no-fault divorce using the amicable divorce service The government reduced animosity in the divorce process by introducing no-fault divorce proceedings. That doesn’t mean one spouse isn't at fault for the breakdown of the marriage, or that one or both spouses aren't upset, emotional, or angry.  However, removing fault from the legal process was intended to make it less adversarial. This has been achieved through: The ground for obtaining a divorce is that the marriage has irretrievably broken down – no one needs to prove fault. The couple can jointly or individually apply for the divorce. There are very limited grounds to oppose a divorce – you can't oppose the divorce even if you don’t think the marriage is over. There is no need to attend a court hearing to obtain your final order of divorce. The court won't make divorce costs orders unless the circumstances are exceptional. The advantages of using one lawyer rather than two Using a single lawyer to file your joint divorce can help: Minimise legal costs, and Reduce animosity to help you reach a financial settlement. You agree on parenting arrangements and to co-parent as the One Lawyer Service reduces animosity. [related_posts]   Agreements and the use of the One Lawyer Service The Amicable Divorce One Lawyer Service at Evolve Family Law can help you with: Recording your parenting agreement in a parenting plan or by securing an agreed child arrangement order. Converting a separation agreement into a financial consent order. Converting a memorandum of understanding reached in family mediation into an agreed and binding financial court order. Obtaining a financial court order after you have negotiated a financial settlement between the two of you. Some people believe they can only use the Amicable Divorce One Lawyer Service after reaching a financial settlement and an agreement on the residence and contact arrangements for their children. That’s not the case. You do not have to have reached a parenting or financial agreement before instructing the One Lawyer Service at Evolve Family Law. Using the One Lawyer Service when you have not reached a financial or parenting agreement You may think that it is essential for you and your spouse to have your own divorce solicitors if you have been unable to negotiate a financial or childcare agreement. You may be right. However, in some family situations, it makes sense to use the One Lawyer Service even though you have been unable to reach a full agreement. Using the One Lawyer Service when you have not reached a financial or parenting agreement may be cost-effective and productive, where you: Trust your ex-spouse’s financial disclosure. Know there are no risk factors, such as the safety of your child or previous domestic abuse. Know that you are both committed to reaching a financial settlement. Are both receptive to taking advice on board and to reaching a compromise. Are both willing to explore the stumbling block to reaching a financial settlement. Examples of where the One Lawyer Amicable Divorce Service can help include: One or both of you have pensions, but you are not sure how a pension sharing order works or how pension offsetting could help you both get to a fair financial outcome for both of you. You inherited money after your separation, and you and your spouse both want to understand the relevance of the inheritance to the divorce financial settlement. You have adult children living at home, and you both don’t know how their needs will be factored into the financial settlement. You are struggling to understand the interplay between voluntary child support, top-up child maintenance, and court-ordered spousal maintenance. You signed a prenuptial agreement in the hope that if you separated, the divorce and financial settlement would be amicable. However, your circumstances or your spouse's have changed since the prenuptial agreement was signed. If you and your estranged spouse are both able to take on board the neutral advice of a family lawyer specially trained in providing a One Lawyer Service, then the option of using one lawyer may be a quicker and more cost-effective solution for you. How the One Lawyer Service works when you do not have a financial agreement Consider a couple keen to reach a financial settlement but unsure how to manage their pensions and whether to include pension sharing in the agreement. If they elect to use the One Lawyer Divorce Service and the lawyer screens both as suitable to engage in the amicable divorce process, the lawyer will talk to them both about: The relevance of pensions to their divorce settlement. The pension options, including pension sharing and offsetting. The pension valuations and the instruction of a pension actuary. Potential court outcomes if the court were making a financial court order after a contested hearing. The steps to obtain a financial court order and pension sharing order annexe. Obtaining a financial court order and implementing the pension sharing order. Two traditional divorce solicitors would have similar conversations with their clients in separate lawyers’ offices. In an amicable divorce, a neutral lawyer providing a One Lawyer Divorce Service may explain that a pension sharing order is likely and that the percentage of the pension share could range from 40% to 60% if the couple left the judge to decide on the pension split. The couple, armed with information on the value of 20% of the pension fund and the total costs and timescales of court litigation, may feel it is sensible and fair to compromise on a 50% pension-sharing order after hearing the neutral information provided during the One Lawyer Divorce Service. Screening and the One Lawyer Divorce Service Screening is an essential part of the amicable divorce process. If thorough screening is not conducted, you may waste time and money by committing to the service. The specialist amicable divorce solicitor will probably say that the two of you should not use the One Lawyer Divorce Service if: There is a significant power imbalance between you and your estranged spouse. One of you does not see the need for financial disclosure of assets. One spouse has entrenched views and appears unwilling to agree to any compromise. There was domestic abuse in the relationship. Your child could be at risk of harm. There may be other reasons the service is not appropriate for you. An experienced divorce lawyer trained in providing the One Lawyer Divorce Service can screen and advise you of your alternate options. Key takeaways on the One Lawyer Divorce Service The Evolve Family Law One Lawyer Divorce Service is: Cost-effective when compared to other methods of non-court alternative dispute resolution or traditional court proceedings. Quicker than applying for a child arrangement order or financial order and waiting for court dates. Flexible, as the process can work at your pace and can involve other experts as required, such as a pension expert or property valuer. Bespoke to what you both want and need out of the process. Less adversarial and non-confrontational compared to traditional court proceedings and some other forms of non-court alternative dispute resolution. Get in Touch With us Today for Information on the One Lawyer Divorce Service.