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When it comes to dividing assets on the breakdown of a marriage, the law in England and Wales is complex, outdated and in many ways not fit for purpose. Decisions made by judges can often seem arbitrary and generally at least one, but often both, parties are unhappy with the outcome.

If a divorcing couple are able to reach an agreement about financial matters then they can present an Order to the Court for judicial approval (known as a “Consent Order”). Usually, a Consent Order will be approved so long as sufficient information is provided for the judge to be satisfied that the arrangements fall within a range of possible outcomes that could have occurred if the matter had been decided by a judge.

Sometimes people reach an agreement about financial matters not because they think the arrangement is fair or reasonable but because they cannot afford to fight their corner at Court or perhaps because thy are too upset by the breakdown of the marriage to go on to have acrimonious proceedings about financial matters.

There is another way you can decide in advance what will happen about financial matters if your marriage subsequently breaks down. If you reach an agreement before you get married it is known as a Pre-Marital, or a “Pre-Nup”. The law in relation to the Pre-Marital Agreements has developed significantly over the last 15 years. Whilst the Court will ways have discretion to review financial agreements on divorce there are a number of practical steps that couples can take to significantly improve the prospects of their agreement being upheld by the Court:

• Both parties should receive independent legal advice about the agreement at the outset.
• Full and frank financial disclosure of both parties’ assets should be made prior to the agreement. Assets should not be hidden, or the value distorted.
• The agreement should be concluded at least 21 days before the marriage.
• Neither party should be under pressure or duress to sign the agreement against their will.
• There should be no significant change which would make the agreement inappropriate (for example, the birth of children).
• The agreement must be fair and realistic. If the division of assets is weighted too heavily in the favour of one party, it may be judged unfair by the courts.
• Prenuptial agreements should be reviewed and amended during the marriage, particularly when any child or children are born and periodically in any event.

In our experience, if parties comply with these requirements then it is very likely that the court will do anything other than enforce the terms of the agreement. Even if an agreement has not been made before marriage, it is possible for a couple to enter into a Post-Martial Agreement that sets out what will happen in relation to the couples’ financial arrangement if the marriage subsequently breaks down. Indeed, it is wise for any Pre-Martial Agreement to be regularly reviewed and when appropriate converted into a Post-Martial Agreement. That means couples’ current circumstances are catered for and there is less chance that the Court will find the Agreement is out of date and so shouldn’t be upheld.

The same considerations apply to same-sex marriage and civil partnerships as well so anyone that is concerned about their financial future should consider a Pre-Martial or Post-Martial Agreement with their partner and take independent legal advice before finalising an agreement.

Nicholson Portnell can advise you about these and other matrimonial matters as well as assess the most appropriate way in which to fund your legal fees.

Contact: Emma Heather, Kathryn McGeary, Janine Calkin or Victoria Waters.

Most people think that it will not happen to them. But it can and it does.

Music, boundaries, high hedges and trees, access to land, rights of way, fences and walls are just some of the issues that neighbours can fall out about.

Anybody can find themselves involved in a neighbour dispute. Whether you have been good friends and neighbours for many years, or if you have new neighbours, difficulties can arise at any time.

Talking about the problem and agreeing a solution is generally the most effective way to deal with the matter.

If you cannot resolve the matter then careful consideration will have to be given to how to proceed.

• Is there a compromise that will be acceptable to both parties?
• What are the legal rights and responsibilities of each party?
• What evidence is available?
• What remedy can the Court or Tribunal award? (Sometimes it will be a financial compensation only).
• Can you afford to take the matter further? Do you have any source of legal funding?

Playing music loudly might be dealt with by speaking to your neighbour and asking them to turn the volume down or not to play the music at all after a certain time. Any potential difficulty might be nipped in the bud there and then. Nothing more will be said about the matter.

If your neighbour needs to erect scaffolding to carry out building work you may have to agree to that. What if it would affect your light and views though? Would you still agree? Would the Court order you to allow your neighbour access regardless of your view?

If neighbours cannot resolve their differences then emotions can flare and matters can escalate very quickly. Nicholson Portnell can advise you about these and other Dispute Resolution and Litigation matters as well assess the most appropriate way in which to fund your legal fees.

Shared ownership is a scheme initiated by the Government to help first time buyers establish themselves on the property ladder. In such a scheme, the buyer shares ownership with a Housing Association or developer. Shared Ownership means what is says, namely sharing ownership; it does not involve sharing occupation of a property with other people who live in the same property such as friends or family.

Such schemes are not available for every property; they are only available in connection with a relatively small number of participating developments.

Shared Ownership is the main affordable Housing Scheme and is an excellent way into home ownership for those who would otherwise not be able to get a foothold on the housing ladder. If you cannot afford to buy outright, you buy only a part of the ownership of your property, and you rent remainder.

The share you can buy is usually between 25% and 75%. You can take out a mortgage to buy your share or pay for it with savings. You’ll also need to pay a deposit, usually between 5% and 10% of the share you’re buying.

Usually, you initially but at least 25% share in the property under a long lease. You then pay market rent on the share that you have not bought. This has the consequence that the larger share you buy, the less rent there is to pay.

When the time comes when you can afford to buy a greater share of the property, the lease provides that you can do so. You have the right to acquire further shares in the property based upon the market value from time to time. These shares, depending on the terms of the lease, can be as small as 10& in some schemes.

If the time comes when you have purchased 100% share in the property, you can then have the freehold of the property transferred to you without having to pay any further price. If. In the meantime, you wish to sell your part-share of your home, you can do so as any time, as long as you can comply with the procedures laid down in the lease by the Housing Association or developer.

Mortgages are available from certain lenders for the purchase of the initial share and for subsequent shares.

All our conveyancing solicitors at Nicholson Portnell are familiar with such schemes and would be happy to assist you more fully if you chose this way of entering the housing market.

 

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