Enforcing financial orders in family proceedings

Sometimes when the family court orders a payment to be made by your former spouse to settle a financial claim in divorce proceedings, the money owed is not always handed over when it should be. Where this happens, it can be difficult to know what to do. Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby explains your options. ‘If money the court has ordered should be paid to you is not paid when due, it is up to you to take action’, says Robert. ‘The first step is to make contact with your former spouse to try to encourage them to pay you what is owed. If this does not work then you should contact your solicitor who will make a formal demand for payment and, if necessary, refer the matter…

Should you sign a prenuptial agreement?

Bringing up the subject of a prenuptial agreement can be as daunting as popping the question, perhaps more so as it raises the issue that the marriage might not last. But how should you react if you have been asked to sign an agreement? What should you look out for in a draft agreement? ‘Prenuptial agreements are not just used by the rich and famous, but by couples and families looking to safeguard certain assets. Much like an insurance policy, everyone hopes they will never have to use the agreement, but it does provide a level of reassurance if a break-up ever happens’ says Robert Bellhouse, a Solicitor in the family law team with Ware & Kay. If you have been asked to sign a prenuptial agreement, there are a number of things to consider first…

Do I need to start my divorce prior to Brexit?

If you are contemplating divorce, then you may need to consider whether it would be beneficial to commence proceedings prior to Brexit.  This is particularly important if either you or your spouse are nationals of another EU country, if you last resided in another EU country while married, or if there are marital assets such as property in another EU country. ‘Unhappy couples often try to get through Christmas and put off calling a divorce lawyer until the New Year.’ However, Robert Bellhouse a Family Solicitor in the family law team with Ware & Kay in York & Wetherby says ‘If there is any international aspect to your relationship, it is a good idea to speak to a solicitor as soon as possible to discuss your particular circumstances and the options available to you prior to…

Agreeing time with your children following separation

A separation will inevitably mean a change in the family dynamic, and you may be concerned about what this will mean for your relationship with your children.  New arrangements will have to be put in place in relation to where the children will reside, and what time they will spend with each parent. ‘There are no hard and fast rules about what time the children should spend with each parent,’ explains Robert Bellhouse family law expert at Ware & Kay in York. ‘Our laws are alive to the fact that each family is unique, and a number of factors need to be taken into account when deciding a child’s future living arrangements.  The starting point is to look at the welfare checklist’. The welfare checklist If a dispute over arrangements for children goes to court, the…

Protecting yourself against the impact of relationship breakdown

The demands of children, family and work, as well as money problems, can place a huge strain on marriages and long-term relationships. People change as a relationship progresses and sadly separation sometimes becomes inevitable. Splitting up is never easy with issues such as asset division, family financial provision and childcare arrangements, which all in need of sorting out before a couple can start their new lives afresh. Matters are made even more complicated if businesses or inherited wealth are involved, but as Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York and Wetherby explains, ‘much of this stress could be alleviated by couples formally agreeing how their assets should be divided before they marry or move in together.’ Nuptial agreements A nuptial agreement is a legal document, agreed by a couple either before…

Protecting your family farm against the impact of relationship breakdown

Farming is usually a family affair. Many farms are passed down through the generations with family members devoting years of their lives to working hard to ensure that the farming business is there for future generations. Relationship breakdowns can be traumatic for any family but when there is a divorce or separation in a farming family it is particularly difficult as the farm is invariably not only the family business but also the family home and a division of assets can be devastating for the wider family. Ownership of the family is often an added complicating factor in any divorce; the family farm may be owned by the older generation or ownership may have been transferred to a family company or partnership or to a son or daughter but with parents still depending on an income…

Agreeing time with your children following separation

A separation will inevitably mean a change in the family dynamic, and you may be concerned about what this will mean for your relationship with your children.  New arrangements will have to be put in place in relation to where the children will reside, and what time they will spend with each parent. ‘There are no hard and fast rules about what time the children should spend with each parent,’ explains Robert Bellhouse family law expert at Ware & Kay in York. ‘Our laws are alive to the fact that each family is unique, and a number of factors need to be taken into account when deciding a child’s future living arrangements.  The starting point is to look at the welfare checklist’. The welfare checklist If a dispute over arrangements for children goes to court, the…

Love knows no boundaries, but divorce must consider them

If you are considering divorce and have ties to more than one country, then where you issue your proceedings can impact the outcome.  These types of divorce are commonly known as cross-border, and typically we think of countries outside the United Kingdom. But a recent judgment in the Supreme Court has highlighted that even the borders within our shores can affect the outcome in the agreement of maintenance after divorce. ‘Local differences in divorce law mean that there may be benefits to issuing divorce and maintenance proceedings in one area of the UK over another, as highlighted in the case of Villiers v Villiers [2020]’ says Robert Bellhouse, a Family Solicitor in the family team with Ware & Kay Solicitors. ‘This case showed that, provided certain thresholds are met, the courts will permit choice in which…

Varying maintenance payments due to Covid-19 hardship

The coronavirus pandemic has turned most of our world upside down, causing economic hardship for many people and job losses are expected to continue as the furlough scheme comes to an end. ‘If you have lost all or part of your income, your ability to pay or rely upon maintenance payments will be a cause for concern as you seek to manage cash flow,’ says Robert Bellhouse. ‘Uncertainty over child maintenance adds another level of stress for parents who are struggling to cope with home-schooling.’ Maintenance payments typically fall into two categories, spousal maintenance and child maintenance, which we look in turn and outline your options if you are worried about paying or receiving maintenance. Spousal maintenance Spousal maintenance may be paid because of a voluntary agreement during divorce proceedings or by way of a court…

“Relationship-Generated Disadvantage “Landmark or Dead End?

Lawyers are heralding as a landmark decision, the judgement in RC v JC given earlier this month. A woman who sacrificed her career as a Solicitor to look after her children was given an additional sum of money on Divorce. The wife, a Cambridge graduate and trainee Solicitor stepped back from her budding legal career for the good of her family, whilst the husband, also a Solicitor, continued to pursue his career. The couple were married for ten years and had two children. Their bitter court dispute was over the finances of the divorce.  Mr Justice Moor stated the wife of the marriage viewed herself as a “parent who would take primary responsibility for the children. The husband’s career took precedence, it is unusual to find significant relationship-generated disadvantage that may lead to a claim…