Co-habitation agreements and disputes
Cohabitation Agreements address the financial risks associated with the breakdown of a relationship and are becoming increasingly common. Determining the distribution of assets ensures that both parties feel secure and comfortable in their future together.
Pre-nuptial Agreements
Pre-nuptial agreements are intended to regulate how assets are held during the marriage and how they are to be divided should the relationship end. Whilst not binding on the court they have increasingly influenced the judges wide ambit of discretion.
The agreements are becoming increasingly popular, especially for second marriages, civil partnership and in relationships where there is a big disparity in wealth. Protecting your interests is a sensible step and the Clough & Willis team are experienced in creating agreements to meet your individual needs.
Separation Agreements
A separation agreement is a constructive way of finalising your affairs before divorce proceedings commence and can define financial, property and children arrangements.
The agreements provides a degree of certainty without taking the necessary steps to formally end the marriage. The agreement whilst not binding on the court has been shown to influence it. The courts will usually, if an agreement is fair and meets certain criteria, look if possible to hold people to their bargains.
Divorce and Financial settlement
Each year 150,000 marriages end in divorce.
To get divorced in the UK you need to be married for over a year and the marriage has to have broken down for one of the following reasons:
- Adultery
- Unreasonable behaviour
- Separated for two years and your spouse agrees to divorce
- Separated for five years
- Spouse deserted you more than two years ago
The time it takes to get a divorce will vary depending on the complexity of the case but an undefended divorce takes approximately five to six months.
Children - Court applications and negotiated problem resolution
The Clough & Willis team has extensive experience in dealing with disputes involving children and childcare matters and we work with you to make suitable arrangements to protect your children's interests and ensure their welfare is put first.
Domestic violence
In cases of domestic violence, whether physical or mental, the first priority is your immediate safety and the law offers a range of orders to stop the violence / harassment. The Clough & Willis team can offer advice and legal representation in all domestic violence issues, guiding you through the implications of any action you take.