Marriage

Marriage

We all go into marriage believing ours will last forever.  And, for two-thirds of couples, death is the only thing that parts them.  But for a variety of reasons, marriages can sometimes break down and couples seeking a divorce need support and practical, emotion-free advice on financial and children issues so they can move on with their futures.

 

At Nalders Solicitors you will find a caring, friendly team who believe in resolving family issues in a respectful, non-confrontational way.  All of our family team are members of Resolution, an organisation whose members follow a strict Code of Practice when advising on family law issues and are dedicated to resolving disputes outside of the courtroom.

 

We operate fixed fee schemes in many areas of relationship management and breakdown including Divorce which gives you absolute certainty of the costs involved from the moment you appoint us.

 

To find out more about our services for marriage please fill in our contact form, or phone 01872 241414 to be directed to your closest office. 

Pre and Post-Nuptial Agreements

Although not legally binding, the courts are now giving more weight to pre and post-nuptial agreements.  Our family law solicitors can draft accurate agreements which will be taken into high consideration by the court or advise you if you have been asked to sign a pre or post-nuptial agreement.

 

The difference between a pre and post-nuptial agreement

 

A prenuptial agreement is entered into before the wedding takes place.  Post-nuptial agreements are created after the wedding occurs, often when a couple is making a last attempt to save their marriage or one partner comes into significant money that they wish to keep separate from the marital pot.

 

Key considerations for the court when upholding a pre or post-nuptial agreement

 

Pre or post-nuptial agreements can easily create unfairness and inequality.  For the court to uphold an agreement should one party seek to overturn it, the following factors must be present:

 

  • each party has received independent legal advice
  • the agreement was entered into prior to 21 days before the wedding took place
  • both parties gave full and frank disclosure of their assets
  • neither party was forced or pressured to sign the agreement
  • the agreement is fair and realistic
  • circumstances have not changed to render the agreement unfair (pre and post-nuptial agreements should be amended if you have children)

 

Let us help you make the right decisions

 

Entering into a pre or post-nuptial agreement is a big decision and experienced legal advice is required by both parties to ensure interests are protected and the agreement is just.

 

Acting in complete confidence, our family law team can work with you on drafting and/or negotiating an agreement that is fair and realistic and likely to hold-up under a judge’s scrutiny should you decide to part ways.

 

To find out more about how we can advise you pre and post-nuptial agreements, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

Divorce

Divorce is a stressful, difficult time for anyone.  At Nalders Solicitors, we understand people going through a marriage break-up need calm, practical advice and sensitive support.  Our family lawyers provide this, along with strong, robust representation when it is required to ensure your best interests are protected.

 

How divorce works in the UK

 

UK law provides for five grounds in which a divorce can be sought.  These are:

 

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two year’s separation
  • Five years’ separation

 

If you wish to divorce your spouse, you will need to file a petition in the Family Court.  In straightforward, undefended divorce applications, your spouse (known as the respondent) will file an Acknowledgment of Service.   The judge will then consider the grounds for the divorce, acknowledge the financial settlement and arrangement that have been made for any children and will pronounce a decree nisi.  After six weeks, you, as the petitioner of the divorce, will be able to file for a decree absolute, ending your marriage.

 

The above may sound very straightforward, but it is rare that the process is this simple.  Matters surrounding financial settlements and children can cause conflict and drag divorce proceedings out by months, and in some cases, years.

 

How we can help you have a ‘good divorce’

 

We have dedicated family solicitors who are members of Resolution.  We are therefore committed to resolving family matters in a non-confrontation manner and as cost-effectively as possible.  We offer alternative methods of resolving disputes including collaborative law and mediation and believe in getting couples to work out issues between themselves rather than ending up in court.

 

Although we try and avoid litigation as much as possible, for the sake of our clients and their children, there are situations where collaborative law and mediation are not appropriate, especially in marriages involving abuse.  If this is the case, we have the experience and contacts required to represent you in the Family Court in a professional and dedicated manner.

 

To find out more about our family law team and how they can advise you on your divorce, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

High-Net-Worth Divorce

High-net-worth couples facing divorce need to ensure they instruct a family solicitor who understands how to manage the division of off-shore properties and assets, trusts, business interests and large pensions.  With a dedicated team of family solicitors who are members of Resolution, Nalders Solicitors is ideally placed to assist high-net-worth individuals in their divorce proceedings.

 

Understanding high-net-worth divorce

 

Our family team regularly handle divorce cases involving assets of £2 million plus.  We have contacts in forensic accountancy who will work with us in tracing assets and capital if one party believes their spouse is hiding their true worth.

 

Many high-net-worth divorce cases we deal with are publicity sensitive; if this is the case we can arrange to meet in a discreet location and deal with media enquiries on your behalf.  We can also advise on and apply for ‘super-injunctions’ to prevent the press publishing details about your divorce.

 

If you need to file proceedings quickly to ensure your case is heard in England or Wales or some other jurisdiction that will grant you the most positive outcome, we can move swiftly and discreetly to make this happen for you.  We can also assist you in evaluating the best jurisdiction to file your divorce proceedings, given your particular financial and cultural circumstances.

 

About Resolution

 

All of our family law team, are members of Resolution.  Resolution has over 6,500 members, who firmly believe in resolving family law disputes in a non-confrontational way.  Members abide by a Code of Practice that encourages respect, negotiation and mediation as methods for resolving conflict and encouraging parties to a divorce to put the needs of their children first.

 

To find out more about our family law team and how they can advise on high-net-worth divorce, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

Financial Settlements

Financial settlements are often the most contentious part of a divorce.  We have experience, knowledge and education required to resolve disputes surrounding financial settlements quickly and fairly.

 

All of our family law team are members of Resolution, a group of 6,500 solicitors who follow a Code of Practice that advocates resolving family law disputes with respect and in a non-confrontational manner.

 

As members of Resolution, our team can reassure clients that they are committed to resolving conflict as quickly as possible, in a way that provides a win/win solution and puts you in control.

 

Working with you to achieve the results you desire

 

When helping you come to an agreement on the financial settlement we will work with you to ensure the following is considered:

 

  • Will one party remain in the family home (this often happens when children are involved, so they can remain in a familiar, stable environment)?  If so, how will the mortgage be managed and when will the house be sold?
  • The maintenance provision for the financially weaker party.
  • The division of other marital assets such as pensions, overseas properties, shares and businesses.
  • Allocation of debt and liabilities.

 

We have a wealth of connections within the finance industry and can engage the services of a forensic accountant on your behalf if you believe your spouse or partner is not being honest about their capital and assets.

 

Our family law team is committed to providing the most practical, comprehensive advice to our family clients and helping them work through any disputes in a calm, controlled, respectful manner.  However, if court action becomes inevitable, we will ensure you are represented in a proactive manner and kept informed of the progress and your options every step of the way.

 

To find out more about our family law team and how they can advise you on a financial settlement following a divorce, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

Domestic Violence

If you are in immediate danger, please call 999.

 

Domestic violence respects no class, culture or religion.  It can affect anyone, men, women and children.

 

If you are a domestic violence victim, we will not judge, we will listen and help you use the law to protect yourself and your children.  Our family law solicitors abide by a strict code of confidentiality and your safety is their number one priority.

 

The definition of domestic violence

 

Abuse does not always leave bruises.  Domestic violence is defined as, “any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality”.

 

In 2015, the definition was extended to include coercive or controlling behaviour such as a pattern of threats, humiliation and intimidation, or behaviour such as stopping a partner socialising, controlling their social media accounts, surveillance through apps or dictating what they wear.

 

Protection offered by the law

 

In 2014, Domestic Violence Protection Orders (DVPOs) and Domestic Violence Protection Notices (DVPNs) were rolled out across England and Wales.  DVPOs allow police and magistrate courts to put in place protective measures in the immediate aftermath of a domestic violence incident where there is insufficient evidence to charge a perpetrator and provide protection to a victim via bail conditions.

 

DVPNs are an emergency non-molestation and eviction notice which can be issued by police attending a domestic violence incident.

 

Our family law team will work quickly to secure a court order to protect you and any children from harm.  We can also provide support in terms of leaving your abusive partner and putting you in touch with support groups and counsellors so you can start rebuilding your life.

 

To find out more about how we can advise you on domestic violence issues, please fill in our contact form, or phone 01872 241414 to be directed to your closest office.

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Nalders Solicitors is a trading name of Nalders LLP and is a Limited Liability Partnership registered in England and Wales (LLP No. OC354499). We use the term partner to refer to a member of Nalders LLP. A list of the members may be inspected at our registered office: Farley House, Falmouth Road, Truro, Cornwall. TR1 2HX. Nalders LLP is authorised and regulated by the Solicitors Regulation Authority No. 538003. Resolution Accredited Specialist. We will not accept service by electronic mail. VAT Registration No. 131 8555 74