Children matters

• 15 October 2024

Children can thrive following the separation or divorce of their parents and can be protected from the perceived impact of the separation process. With our guidance, we can help you secure an arrangement that is in the best interest of your children and your family’s personal circumstances.

During the process, emotions will likely run high and there can be considerable differences in opinion between parents on the way forward. We will talk you through your options and the different processes available to you, this includes reaching an agreement out of court if possible, through processes including mediation or collaborative law. When necessary, we will protect children through the court process.

Taking advice early is key. With extensive experience in anticipating issues that might arise and resolving all matters relating to children, we provide sensitive, strategic, and pragmatic advice to ensure the best outcome for your family. This includes:

• Parenting arrangements – working out who your child will live with and how much time your child will spend with each parent
• Relocation – working out where your child will live, particularly if one parent wishes to relocate to another part of the UK or abroad
• Specific issues – such as working out what school your child will attend or decisions relating to medical treatment
• Welfare considerations – including determining whether protective measures need to be put in place to ensure your child’s safety at home or elsewhere.
• Abduction – resolving matters involving allegations that a parent has wrongfully retained a child here or abroad
• Finances – agreeing the amount and structure of the financial provision for your child

Our connections with parenting and child specialists including, independent social workers, therapists and guardians, will enable your family to receive the holistic support you need. Circumstances do also change, and we can help update existing arrangements to fit your evolving situation.

Cohabitation and living together

• 15 October 2024

Living together as a couple or as a family with children, without marrying, is an increasingly popular set-up across the UK. For those in long-term relationships, it is important to understand your cohabitation rights, as you do not have the same legal protections as married couples if you separate. We are here to provide clarity on your situation and help protect your interests at every stage of your relationship.

There is a common misconception that a ‘common law spouse’ exists to protect unmarried couples in England. This is not the case. English law does not automatically grant rights to unmarried cohabitants upon separation, unlike in some other countries. The claims you can make are much more limited than those for married couples.

Whether you are considering moving in together, starting a family or separating, there will be ways to help safeguard your current and future interests. We can advise you on:

• Cohabitation Agreements – this is a legal document that outlines the rights and responsibilities of each partner during cohabitation and what happens if the relationship were to breaks down. It covers aspects such as property ownership, financial contributions, and arrangements for children. Our experienced family lawyers can assist in drafting a comprehensive agreement tailored to your unique circumstances
• Financial claims on separation – advising on the limited claims available including property claims made by you or a partner
• Claims relating to children – advising on child arrangements, securing housing and financial support for child maintenance

It is also important to recognise that the lack of rights for cohabiting couples also applies if one of you were to pass away, therefore making a will is also a crucial way to protect you and your family. We can work with our Private Client team to incorporate this into your planning.

We are here to guide you through the complexities of the law, ensuring you and your loved ones are protected and supported.

Domestic abuse

• 15 October 2024

Domestic abuse is prevalent across society. Our understanding of the nature and scope of domestic abuse is constantly evolving. The family court is increasingly aware of the role played by coercive control within relationship, and of economic abuse. Sadly, it is also sometimes the case that false allegations of abuse are made as one party seeks an advantage in litigation.

We always screen for domestic abuse, and we tailor our advice to make sure that suitable safeguards are put in place. We will carefully consider whether certain types of dispute resolution are appropriate and will discuss the pros and cons with you. In appropriate cases we will use the family court’s extensive powers to obtain protective injunctions. We will liaise as appropriate with the police and social services and have access to a wide range of specialist agencies who can provide support and counselling.

Protecting family wealth

• 15 October 2024

We understand that family law matters can extend beyond the immediate couple involved. If you have a vested interest in the assets relating to a relationship, we can help protect your rights and interests.

Assets that form part of divorce proceedings are not always legally owned solely by the individuals separating. This could include assets held by a trust, joint property or business interests; or money may have been loaned or gifted to the couple, for instance, when the “bank of mum and dad” helps with purchasing a home. In such situations, it is right that the third party has a voice in the divorce proceedings to ensure that their interest in the asset is protected. We have extensive expertise in acting for (and also against) third parties in divorce proceedings, including in the High Court and Court of Appeal.

We aim to protect third-party interests early to avoid significant costs. However, in some cases, third parties need to be formally included in existing family proceedings. This inclusion grants you the right to participate and ensures you are subject to any court orders. If there is a dispute over whether an asset belongs to the divorcing couple or a third party, the Court may order a ‘Preliminary Issue’ hearing to determine the asset’s ownership. We are here to guide you through this process, ensuring your interests are safeguarded.

We can also help protect your family interests at the point of marriage or civil partnership, by advising on the use of nuptial agreements and updating your wider succession and estate plans via our specialist private client team.

Finances on divorce or separation

• 15 October 2024

Having clarity on your financial situation and how your assets will be shared following a relationship breakdown will likely be a key priority for you. Protecting the future of your finances will ensure you have the stability and security to move forwards with confidence. Our experienced Family and divorce team are here to help you achieve this.

We will guide you through the financial implications of your separation or divorce and provide a clear explanation of the likely outcomes and routes available to reaching a financial settlement. We will be assertive and vigorous to ensure we achieve the best long-term outcome for you whilst always remaining pragmatic and supportive of your best interests. Where there are immediate financial concerns, we will act swiftly to resolve them.

Complex financial matters

When there are significant and complex assets are at stake, it is essential to seek specialist advice. Our team have the expertise and experience to handle issues including:

• Business interests – evaluating and dividing business assets, ensuring fair valuation and consideration of future income potential
• International assets – collaborating with our network of overseas professional advisers to resolve cross-border issues
• Property portfolios – managing the division of multiple properties, including investment properties and overseas real estate
• Trusts and inheritance – navigating the implications of trusts and inherited assets, ensuring they are appropriately considered in settlements
• Pensions and retirement funds – advising on the division of pensions, including complex schemes and international pensions
• Tax implications – providing guidance on the tax consequences of asset division, including capital gains tax and inheritance tax planning
• Hidden assets – investigating and uncovering hidden or undisclosed assets to ensure a fair settlement

We can draw upon specialists within Forsters in private wealth, corporate, real estate and dispute resolution, as well as our wider network of financial professionals including wealth managers and financial planners to provide a holistic view of your finances and a clear way forwards.

Pre and post-nuptial agreements

• 15 October 2024

Engagements and wedding planning are joyful and heart-warming experiences and talk of a pre-nup can feel at odds with this special time. But entering into a marriage or civil partnership, with a pre-nup can provide you with the certainty and financial transparency, that will benefit you both for the long term. With our guidance we can incorporate your nuptial agreement seamlessly into the run up to your wedding. The open conversations that take place as part of the process can help you to build trust as a couple.

Nuptial agreements, encompassing both pre-nuptial (pre-nup) and post-nuptial (post-nup) agreements, are designed to outline the financial arrangements in the event of a divorce. The agreements we prepare are bespoke and seek to protect any assets that one or both parties bring to the marriage, or that may be inherited during the marriage.

Nuptial agreements provide certainty and security, giving you more control and allowing you to make your own arrangements for the future.

At Forsters, we are committed to helping you protect your future. Our experienced team will work closely with you to create a nuptial agreement that meets your needs and provides peace of mind.

Why should I have a nuptial agreement?

Pre-nups

• Wealth disparity – if there is an actual or expected significant disparity in wealth between you and your spouse, a pre-nup can help protect your assets
• Family assets – protect assets, perhaps in a trust or a property, that have been in your family for generations or business interests that you wish to protect against divorce
• Previous marriages – if it is not a first marriage for one or both of you and you wish to preserve assets for children of your previous marriage.
• Immigration – if you are getting married earlier than you otherwise might have done for immigration/visa reasons, a pre-nup can provide financial clarity

Post-nups

• Missed pre-nup opportunity – sometimes people miss the boat to enter a pre-nup before they marry, but want to have an agreement for one of the reasons set out above; it is never too late
• Unexpected wealth – protect unexpected wealth, such as a lifetime gift from a parent, with the security of a post nuptial agreement.
• International relocation – For international couples relocating to England, a post-nup can provide certainty in the event of divorce, especially with London being regarded as a generous divorce jurisdiction
• Tax considerations – sometimes it makes sense to hold your assets differently for tax reasons during marriage, other than 50/50; A post-nup can decide how the assets would be divided differently on divorce

International considerations

International issues should be considered when completing a nuptial agreement, especially if either you or your spouse were born, have assets, or now live, outside of England and Wales, or plan to spend significant time overseas. Likewise, if you had a pre-nup or post-nup in another country, it is possible that its terms would not be respected by the courts here in England. It is advisable, ideally before relocating to England, to take specialist advice to understand whether an English agreement is needed. We frequently collaborate with specialist lawyers in other jurisdictions to ensure that such agreements are given maximum weight.