PRE-NUP – WHAT’S THAT ? DO I NEED ONE ?

With the romance of Valentine’s Day now behind us, let’s talk again about the practical aspects of our relationships.

With the unavoidable increase in divorce and separation rates, it means that more of us who are getting married or moving in together are not “first timers“. Not only that, either one or both parties may have children from a previous marriage. This can mean ongoing financial ties to an ex-partner and possibly having a home or assets to bring into the new relationship.

So it’s  more important than ever for couples to take a small step back from the romance of their new relationship or wedding plans and think about the practicalities. If they are about to start living together, or planning to tie the knot, they should take legal advice on having a Cohabitation Agreement or Pre-Nuptial Agreement.

These don’t have to be long or complicated documents. The aim is to record what can be agreed amicably straight away, to cover what would happen if you ever did split up:-

  • Do you get to keep the property you brought into the relationship ?
  • Do you have to financially support one another after separation ?
  • How do you split anything held in joint names ?
  • Do you have to share any debts ?

The idea of considering a pre-nup early on is to avoid the time, anxiety and cost of a complex legal battle further down the line. Of course no-one has a crystal ball and your thoughts on how assets should be divided between you may change if you are married for many years, or if you have children together but in that case, no problem – you simply agree to review the terms of the Agreement on certain “trigger” events.

If you would like more information on having a Cohabitation or Pre-Nuptial Agreement drawn up please contact

Enfield:  

Vijaya Sumputh

0208 363 4444      vijaya.sumputh@curwens.co.uk

Hoddesdon/Royston:

Amanda Thurston 

01992 463727       amanda.thurston@curwens.co.uk

Curwens LLP is your local firm of solicitors offering you expert legal advice when you need it most.

Offices in Royston, Hoddesdon and Enfield.

www.curwens.co.uk

 

 

WHAT IS FAMILY MEDIATION?

The start of a new year is often a tricky time for families – has this been a stressful Christmas period? Has spending too much put pressure on family finances and inevitably on relationships? Has the extra time off work meant there’s been time to reflect on the reality of marital issues?  In the new year, couples often make new year’s  resolutions and one of those could be that they should face up to their difficulties and get professional help to resolve them.  Before they rush off to Court, specialist family lawyers always recommend looking at mediation.    Amanda Thurston, Head of the Family Law Team at Curwens Solicitors explains :

“A recent “fly on the wall” documentary followed a family mediator helping couples agree the terms of their separation or divorce. From whether to sell the family home, to how much maintenance to pay, or how often one of them can take the children on holiday, splitting up a family can be a minefield.

So how does Mediation Work?

The first thing to remember is that mediation is voluntary, so both parties need to agree to try it out and also which mediator to approach. The Mediator will then usually want to speak to each party individually before setting up meetings for everyone to attend. Each party gets the chance to raise the issues or concerns they have and the Mediator will try to get the other party to listen to them before expressing their own views. The Mediator will also help the parties discuss the family finances and agree on what information and documentation they each need to provide to help with the negotiations.

These meetings can be stressful if agreement is not easily reached on a point, but the Mediator is specially trained to deal with those situations. They can even do “shuttle mediation” with each party in a separate room if the parties’ relationship has got to the stage where they can’t even be in the same room as each other.

Between the mediation meetings each party should ideally obtain independent legal advice so they know what terms would be reasonable to propose or accept.

If terms can be agreed between the parties, the Mediator will provide a written Memorandum of Understanding. This is not yet legally binding – but is evidence of what you have discussed and agreed. You can then take it to family solicitors to be made legally binding if you wish.

If the mediation breaks down, the Mediator can sign a form for the Court, to allow one of the parties to start Court proceedings.

Mediation Information and Assessment Meeting (MIAMS)

There is currently a requirement in place that you must at least attend a MIAMS before starting most Court proceedings regarding children and/or finances, to find out whether Mediation would be suitable for you. (There are certain exemptions in place – for example if it is an urgent case)   The MIAMS is a one to one meeting with a Family Mediator who explains all the alternative routes available to you to try and resolve the dispute without starting Court proceedings. The aim is to ensure you are fully informed about all your options and you understand what would work best for your situation.”

 

If you would like more information on Mediation, please contact

the Curwens Family Law Team:

Royston                   Amanda Thurston              01763 241 261

Hoddesdon              Kristina Nickoli                    01992 463 727

Enfield                     Vijaya Sumputh                   0208 363 4444

 

www.curwens.co.uk

Curwens have offices in Royston, Hoddesdon and Enfield.

 

“It’s good to talk …….

Clare    Claire Pilsworth

Are you separated or thinking of getting divorced ?

If so, you need to explore mediation because it really does work – after all, you know the needs of your family better than anyone. This explanation comes courtesy of my colleague, Clare Pilsworth, a Family Law solicitor and Mediator

“Mediation is a process which helps people who are separating to discuss and agree on the best arrangements for their future. It works because it is a voluntary process and allows you to find a solution personally tailored to you. Mediation can be used to make arrangements for children, discuss finances or both (known as “All Issues Mediation”).

Our Mediators find out from you what’s most important to both of you and in your meetings, will help you both to make your own decisions about the best way forward for your family. This is possible because our Mediators:-

• are specially trained to guide you in your decisions
• provide a calm and confidential environment in which to talk
• help you to make informed decisions
• are Resolution Mediators – trained by the specialist national organisation of family law advisers.

Mediation is voluntary,  however, if you are starting Court proceedings in family matters you are required to attend a Mediation Information and Assessment Meeting (MIAM). This is a confidential meeting on your own, to find out about how you could sort out matters without using Court proceedings.”

If you’d like more information about Mediation to find out whether this would be a good choice for you, contact Clare Pilsworth on 01763 241261 or email clare.pilsworth@curwens.co.ukhttp://www.curwens.co.uk

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