AY Solicitors

It is rare to find that the behaviour of one or other party to the divorce process is so “gross and obvious” that it would affect the outcome of the division of the finances between divorcing couples to the extent that the offending party would be required to give more financial provision to the other party than would otherwise be required under the usual guidance for the division of assets.

Obviously we will check with you that there is no particular behaviour which exists which could affect the outcome of the finances, but we will otherwise help you through the divorce process efficiently, and as painlessly as possible, in order to focus on the more important aspects of your situation.

We are able to provide expert advice in all cases; whether you have had a short marriage with limited financial assets or a lengthy marriage with significant financial resources. We also consider other factors including but not limited to children, you and your spouse’s respective health, current incomes and future earning abilities, the existence of pre-nuptial or post nuptial agreements, pre-marital assets, housing needs, overall fairness and how a court approaches the division of matrimonial assets.

Our expert lawyers can advise on all matters relating to the financial cases, including the following:-

Mediation – We can prepare you for mediation, which is mostly attended by the parties without lawyers. We can also advise you on the fairness of any agreement you have reached in mediation.
Negotiations – We can undertake negotiation on your behalf with your spouse or their solicitors through correspondence, telephone calls and face to face meetings.
Court Proceedings – Unfortunately all cases cannot be resolved outside court. This can be due to your spouse’s failure to provide full disclosure of their financial affairs or failure to put forward a fair and reasonable offer of settlement. We will prepare all the relevant documents required and provide representation at Court.
Form E – This is a financial disclosure document, which you are required to complete by the Court and exchange with your spouse for their copy. The Form E should provide a complete picture of your financial position. We are able to complete this document on your behalf.
Valuing Assets – We have experience in obtaining valuations in complex assets in both the UK and abroad. This includes businesses, which may have numerous assets spread over multiple jurisdictions, as well as complex accounting systems.
Locating/Tracing Hidden or Dissipated Assets – We are able to comprehensively consider detailed financial disclosure in order to investigate and uncover hidden or dissipated assets. This can include foreign assets and trusts including offshore trusts.
Freezing Order – If you become suspicious and obtain evidence that your spouse is disposing of monies or property, we are able to apply urgently to the Court to freeze their assets, including bank accounts and property.
Set Aside a Transfer – You can also apply to the Court to transfer assets back to your spouse, if you have reasons to believe that the property has been transferred to affect your entitlement. For instance your spouse transfers for no value an investment property to his friend around the time you separated.
Add Back – If you spouse has disposed of assets which we cannot locate, we can ask for the Court to compensate you by providing a larger share of the remaining assets to reflect the amount you have lost as a result of your spouse’s behaviour.
Breach of confidentiality – Your spouse’s wrongful use of your confidential financial documents and other information.

Disputes about children can happen at any time, irrespective of whether you are married or not. Children tend to be central to the separation process as it’s important that the needs of the young people caught up in that are put first. We can help you explore ideas and make decisions that will work for your family.

Whether matters relating to your child are dealt with in conjunction with the divorce process if you are married or simply upon separation if you are not married, you shall have the same legal remedies.

We encourage our client’s to explore out of court of resolutions, as it is important for parents to reach a swift agreement amicably if possible, in order to minimise the impact this will have on the child.

However there are circumstances, which will require you to act quickly and issue court proceedings to ensure that your rights and those of the child are not abused. For instance, if your child has been abducted abroad, or you believe the abduction abroad is imminent.

Our expert lawyers can advise on all matters relating to children, including the following:-

Child Arrangement Orders – in order for you to have contact with your child or sharing custody with other parent or fighting for sole custody
Child Abduction – If your child has been removed from you care or a risk that your child will be removed. This can include the child being removed from this jurisdiction and we can apply to the court urgently. We can also act for you, if you are a parent from a different jurisdiction and your child has been abducted to this country.
Specific Issue Order – if you and the other parent cannot agree over issues such as schooling, relocation, religion, name and medical treatment of the child.
Financial Provisions – Even if you were not married to the other parent, you may be entitled to pursue an application for financial provisions, for the benefit of the children, depending on the other parent’s financial circumstances. The financial provision can include private schooling, housing, holiday allowance etc.
Adoptions – Both international or national adoptions
Grandparents – We also advise other parties, such as grandparents with respect to their rights of having access to the child.

More people are deciding live together, without ever getting married. Yet despite the increasing popularity of this relationship arrangement, the problem at present is the limited law protecting parties over financial disputes.

Common law marriage does not exist and therefore unmarried couple have significantly fewer rights than married couples and of those in civil partnerships. Regrettably many parties only become aware of this upon the breakdown of relationship, or their partner’s death.

If you are currently cohabiting and require advice on having an agreement in place, to protect you should the worse happen, or you are have recently separated from your partner and you wish to discuss your legal position and the next steps to secure your interest.

Prenuptial agreements have in recent times been the focus of significant media attention. Whilst a prenuptial agreement is not strictly enforceable, the ground breaking case of Radmacher v Gramatino 2010, resulted in the Supreme Court providing significant weight to a prenuptial agreement that was freely entered into by both parties providing that the parties had fully appreciated its implications. The Courts have the power to implement terms of the prenuptial agreement unless considered to be unfair. A properly prepared prenuptial should give a large degree of protection to the economically stronger spouse even if it is not entirely enforceable. The existence of a pre-nuptial agreement and the full circumstances which precipitated its formulation is one of the factors which a court can consider.

Upon a divorce, each case would be dealt with by the Court subjectively based on the facts of the case. Radmacher did highlight that the nuptial agreement cannot prejudice the reasonable requirements of the children. However the Court did acknowledge that the parties may enter this agreement to protect non-matrimonial assets, which can include assets obtained prior to the marriage or kept separate from the matrimonial assets. Further, the Court is unlikely to interfere with an agreement, which has made sufficient provisions for the spouse and any child.

Below is not an exhaustive list, but they are some of the factors the Court can consider, when deciding how much weight to show a prenuptial agreement.

If there is a child of the family – This could be either your biological child or a child you both treat as the child of the family.
Independent legal advice – Whether you both have received independent legal advice, especially the party which will be at financial loss.
Injustice – If the Court considers the enforcement of the agreement would cause significant injustice to you or your spouse or both of you or to a child of the marriage. An example of this could be if you and your spouse pooled money and brought an asset which was placed in your spouse’s sole name.
Financial Disclosure – If you or your fiancé have provided full financial disclosure of all your assets at the time the prenuptial agreement was signed.
Timing – It is important that this agreement is not signed at the 11th hour, this should ideally be signed three weeks prior to the marriage.

Domestic Abuse does not necessarily have to be physical violence, this can take place in a variety of forms, including financial and emotional. It is important to act swiftly and positively when it does occur in order to prevent repeated occurrences.

You may find that the abuse is so bad that you are required to flee your home and forced to take steps to protect yourself and your children. It is also normal, if you find yourself unable to stand up for yourself and have the courage do something to contact solicitors. We are here to help.

We understand how difficult situations involving domestic violence can be, and therefore how imperative it is to obtain the necessary protection for yourself and your children at the earliest opportunity. For that reason, if you require help urgently, we will prepare and file an application at court for a non-molestation order the same day if possible to obtain the necessary protection. The non-molestation order is to prevent you and children from being harassed, intimidated, pestered or threatened with violence or use of violence. This can also prevent the abuser from contacting you. Breaching this order is a criminal offence, punishable with a fine or imprisonment or both.

We can also seek an occupation order, which will prevent the abuser from returning or attempting enter the home. The consequences of breaching this order can be the same of as the non-molestation order.

If you wish to have a confidential talk, we are here to listen and advice, so please contact us urgently today, domestic abuse is not acceptable.