Whilst typically considered to be something for the rich and famous, it is easy to disregard the need for such a document.

Without a prenuptial agreement the court would start from the premise that all assets should be divided equally including property, savings, investments, income, and pensions.

Although not legal binding in England and Wales, the courts can consider prenuptial agreements if there is a dispute and are likely to uphold them if certain criteria is met.

For the agreement to be considered by the court, it must have been made more than 21 days before the wedding. The agreement must be reasonable, and both parties must have had full details of all assets and independent legal advice on the document. Additionally, a prenuptial agreement must be signed in the presence of independent witnesses and counter signed by a solicitor to confirm advice has been given.

The need for prenuptial agreement is often overlooked in the romance of getting married. However, with the average age of marriage increasing, the number of people who enter a marriage having acquired assets of their own, is also on the rise. Without the protection that can come with a prenuptial agreement, they face the risk of losing some of the property to their spouse in the event of separation.

If you would like more information or to discuss your options with our experts, please contact our Family Law Specialists today. 

What is a Cohabitation Agreement?

Unfortunately, the law relating to cohabitation and the rights of cohabiting couples falls short of providing anywhere near the level of financial protection that is afforded to couples who marry or enter into a civil partnership.

Many people believe after a period of time they become common law husband and wife which gives them financial protection on separation. However, this is not the case. Any entitlement to property has a starting point based on who owns the property. Other factors may come into play such as the contributions made towards the property, the intention of the parties and whether any detriment has been suffered.

It is always advisable for clients to consider having a cohabitation agreement drawn up before they buy property together to clearly set out what the intention of the parties is in relation to property and finances and what would happen in the event of the relationship breaking down. It can even cover the party’s intention in relation to children.

It is advisable to seek independent legal advice prior to entering into a cohabitation contract as there are certain requirements to ensure that the document is legally binding and would be upheld in the event of a dispute.

If you would like more information or to discuss your options with our experts.

Please contact our Family Law Specialists today.

Now with a change to the law, raising the legal age of marriage from 16 to 18, it is hoped that the more vulnerable children can be protected.

Previously, it was illegal for anyone under the age of 18 to marry unless they had parental consent. However, children could be forced into marriage by their parents and there was no law to prevent cultural or religious marriages with children under this age taking place.

The new Law makes it an offence for anyone to facilitate marriage for anyone under the age of 18 and anyone found guilty of doing so could face up to 7 years in prison, as well as a fine. People who take their children abroad to marry can also be prosecuted on their return to the UK and any marriage which takes place overseas will not be legally recognised in the England and Wales.

It is already an offence for anyone to use coercion such as violence or threats in order to make another person marry without full and free consent and the new legislation will support and expand this to protect more young people. 

This law will only apply to marriage in England and Wales, with the law in Scotland meaning that anyone over the age of 16 can marry without the need for parental consent. Whilst in Northern Ireland the minimum age is 16, however parental consent is still required.

If you would like more information or advice, our experts are here for you. 

Please contact our Family Law Specialists today.

Unfortunately, grandparents’ rights do not automatically include the right to see their grandchildren. However, the family courts recognise that grandparents can play a significant role in the lives of many children, and there are mechanisms in place for grandparents to request contact.

Child Arrangement Orders

A Child Arrangements Order specifies where a child will live and with whom they will spend their time. Grandparents do not automatically have parental responsibility, so only those with parental responsibility can typically apply for a Child Arrangements Order.

However, grandparents seeking to issue a Child Arrangements Order can request permission to apply, and the courts will consider a variety of factors, including:

●Grandparents’ involvement in their grandchildren’s lives
●The application’s nature
●The parents’ perspectives
●Whether the application may endanger the child

The Courts will consider each case individually to determine whether the grandparents should be allowed to file the application. The Court will always consider all of the child’s circumstances and will only make a Child Arrangements Order when doing so is preferable to making no order at all.

Special Guardianship

If care proceedings are initiated against a child, or if the child’s parents are unable to care for their children, grandparents may be appointed as Special Guardians for their grandchildren.

A Special Guardianship order gives the Special Guardians parental responsibility, which they can use without consulting anyone else who has parental responsibility, such as the child’s parents. If a grandparent is presented as a Special Guardian, the local authority will conduct an assessment to determine their suitability. A Special Guardianship order is intended to provide a permanent placement for the child until they reach the age of eighteen.

Adoption & Foster Care

When a child is placed in care, the local authority has a duty to encourage contact with the child’s birth family, as long as it is consistent with the child’s welfare. Unfortunately, contact with grandparents is rarely a priority for Children’s Services because they must prioritise contact with parents. As a result, any grandparents’ rights become obsolete.

An order authorising contact with the grandparents can be issued simultaneously with an adoption order. This would imply that the child would continue to spend time with their birth grandparents after adoption. However, unless the adoption is within the family, this is extremely rare in practice.

Furthermore, if a grandparent wishes to adopt their grandchild, there is nothing in the law preventing them from doing so. However, Special Guardianship Orders are preferred over adoption orders in order to minimise the impact on the family relationship when grandparents become legal guardians to their grandchildren.

Death of a parent

In the unfortunate event of death of one or both parents, care does not automatically get granted to the grandparents. This responsibility is more likely to pass to an aunt or uncle who are more naturally preferred from an age point of view. On the other hand, if the aunt or uncle have children of their own and are unable to care for another, there may be an opportunity for the grandparents to take over but generally this is for the families to decide between themselves.

It is critical to remember that anyone making a Will with young children should think about who they want to appoint as a Guardian for their children if they die. A member of our Wills and Probate team can provide additional advice on naming a Guardian in a Will and putting safeguards in place to ensure that any Guardian has financial support to care for the children.

How we can help…

Understanding rights as a grandparent can be overwhelming but that is why our Family Law team are experts at what they do. They are understanding, sympathetic, and will assist you every step of the process to discuss your options as a grandparent.

Please contact Nicholson Jones Sutton Solicitors today.