Post Nuptial Agreements
Many couples are familiar with the concept of pre-nuptial agreements, but few realise that you can make a post-nuptial agreement. Pre-nuptial agreements are made before the marriage, post-nuptial agreement are made after the marriage ceremony, in some cases years after.
Post nuptial agreements cover the assets the married couple has at the time the agreement is drawn up. It also covers any debts that the couple has and can if carefully worded state what happens to assets or debts accrued after the date that the agreement is signed. Provided the agreement is fair to both parties it will be used as the basis of any financial agreement drawn up at the time of the divorce, but bear in mind that they are still not 100% legally binding.
Many people feel that making a pre or post-nuptial agreement is like admitting that the marriage is not going to last. Strangely, those couples who make such agreements are actually statistically more likely to stay together. It is thought that because everyone is clear about money and their responsibilities arguments about those matters do not so easily arise and get out of hand. A significant number of couples get divorced due at least in part to arguments about money, and how it is spent. Postnuptial agreements can be helpful in resolving existing arguments about money and debt. Occasionally, one partner’s heavy spending habits are leading the couple into serious debts solicitors have found that in these circumstances if a post-nuptial agreement is drawn up stating that the over spending party is 100% responsible for the debt accrued, they finally see the error of their ways and change their habits.
Couples who already have a pre-nuptial agreement, may wish to update it as their circumstances change. They can do this by drawing up a post-nuptial agreement.
Same sex couples are also able to draw up a post-nuptial agreement in the UK, but it is called a Post-Civil Partnership Agreement. In law they are just as valid as pre or post nuptial agreements.
Looking to hire a gooddivorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.
Basics Of Getting A Divorce In Germany
In Germany, a divorce can be obtained if it can be proved that the marriage has broken down. If the couple live apart for a year and they both apply for a divorce then the law recognises that the marriage has broken down. If a couple, lives apart for 3 years only one party need apply for the divorce for a divorce to be granted. There are no other grounds for divorce in Germany, and the divorce process does not apportion any blame.
Both parties retain their names after the divorce, but may change back to their birth names should they wish to do so. All rights of inheritance are lost. If you want your former spouse to inherit you must draw up a new will that species that the former spouse is to inherit despite the fact you are now divorced. There are limits on how much of an estate can be left to your former spouse, because you are no longer related to each other.
If the couple live under the statutory matrimonial property regime, profits accrued from property since the marriage began are equally divided. There are few exceptions to this division of property method.
If the couple have lived under the community of property regime, all property is split evenly regardless of when the property was acquired. The court may award the property to one spouse or the other by the court. Pension entitlements are also divided, but on a pro-rata basis.
Both parents have joint care and custody of the children unless this arrangement puts the children at risk. Child custody arrangements can be challenged and sole custody awarded, but the judge will always ensure that there is good access for the other parent. Both parents are responsible for providing financially as well as emotionally for all their children. How much each parent is responsible for contributing financially depends on their individual earning potential.
Both spouses must take steps to maintain themselves after the divorce and participate in training or further education if needs be. Maintenance is only paid if employment is not possible because the care of a child does not allow it. Illness, old age or the inability to earn enough to cover living costs are other circumstance in which the former spouse may have to pay maintenance.
Couples from other countries who are residing in Germany can obtain a divorce in Germany. To do so at least one person from the marriage must still be resident in Germany, when the divorce is filed.
Want to find out more about hiring a good divorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.
When You Do Not Want To Hire A Criminal Lawyer
Hiring a criminal lawyer is something that everyone might have to do at one time or another. When you are living in Hong Kong there are some special considerations that you should keep in mind. These things will help you to find success with your lawyer.
There are some basic questions that you should ask when you are looking for a criminal lawyer. You will also need to look in specific places to find one that will guarantee your success in the courtroom. When you are facing charges in Hong Kong the following things could really help you in the long run.
If you ever happen to find yourself in a situation where you are arrested and happen to be in trouble in Hong Kong then you can be certain that knowing the right things will keep you safe. There is no law that will save you, even if you are an American citizen when you are in Hong Kong. Their court system will make it so that you need to learn the basic laws for their country.
When you hire an attorney you need to find one that can help you to learn the basic laws and the implications that these have. This will help you to be able to better understand what is going on in the courtroom. Your lawyer should also teach you about the different ways that court will proceed and the punishments on hand.
There are many different places that you could look for a criminal lawyer that could make it more difficult to find one. However there is one place where you are almost sure to find a lawyer. If you choose to look around the courthouses anywhere in the world lawyers are always located in close proximity.
Once you have found a lawyer it is good to start discussing how much it is going to cost to hire the criminal lawyer. Remember to ask about all of the fees and costs associated. Hidden fees and costs can really add up over the long term.
Also keep in mind that it is not always a good idea to go with the first lawyer that you talk to. Many things should be kept in mind when talking to a lawyer and trying to find the right one for you. There is the cost of the lawyers services, involvement of the lawyer, when you will meet with him and how often you can talk with him to think about.
You should make a list of the exact questions that you will have for a lawyer. When you are trying to choose between different lawyers these questions can really help you. You can come up with any number of questions but some examples are included.
How often are you available for phone consultations about the case? How many cases have you worked on that were similar to this one? How much do you foresee this case costing you?
By getting answers to these questions you can find what you are looking for by comparing the different criminal lawyers that you have interviewed. When you have listed all of the answers finding the perfect lawyer for yourself will be easy. Plus you can find a lawyer anywhere in the world, even in Hong Kong.
Get more information and details about the benefits and advantages of having a top criminal lawyer on your side when you must go to court. When you have a knowledgeable criminal defense barrister, you can depend on, your case will be much easier to resolve.
Pre-Nups In UK Law
Prenuptial agreements have for a long time been seen as an American practice, something that most British couples feel is not necessary or desirable to enter into. However, pre-nuptial agreements are not just an American habit; they are popular and legally enforceable in Australia, and most of Western Europe. Despite the fact that they are so popular and work so well in many other countries, getting a prenuptial agreement enforced in the UK is still a legal nightmare.
Prenuptial agreements have never been legally binding in the UK. When a couple cannot agree on how to divide their assets it is the divorce courts that have the final say on the division of those assets. If a pre-nup exists between the couple, the court will usually take its contents into consideration, but nothing more.
Oddly, should a couple who are not married, but live together, draw up a contract similar to a pre-nup that is legally binding. This also applies when couples who are in a civil partnership draw up a contract. That is if the agreement has been legally drawn up and properly witnessed. Many couples in common law or civil relationships sign these agreements believing that the law will hold it as invalid if the terms of the contract are abusive just as happens with a pre-nup contract between married couples, but this is not the case, the agreement is binding.
For a contract between married couples to stand any chance of being upheld by the courts, the people involved would have to show that they both received independent legal advice prior to signing the pre nuptial contract. Even then, a harsh pre-nup agreement can be overturned by the divorce judge, especially if the terms of the agreement leave the children of the marriage without proper financial support.
In the winter of 2010 new laws are expected to be passed in the UK that will make pre-nuptial agreements legally binding. Those agreements will be required to meet certain standards designed to stop people from entering into radically unfair arrangements. Those pre-nups that do not meet the required standards will not be legally enforceable.
Want to find out more about hiring a good divorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.
How To Tell A Child About A Divorce
When you get a divorce, the most difficult part of the process is often telling the children. It is very important that you tell them about the divorce together. Doing so helps the children to realise that the decision made is final and will not be reversed. They will also feel more confident and able to speak to both their parents about their worries and feelings in connection with the divorce. Telling them together helps you to resist the temptation to run down your ex when speaking to the children. Your child needs to respect both their parents so you should not to be negative about each other in front of the children.
Whilst children are sensitive to the atmosphere in their home and realise that their parents have problems they rarely see a divorce coming. This means that they are often shocked when they find out their parents are actually splitting up. Most children become emotional as a result and sometimes angry. Despite the fact that you yourself are feeling bad you need to show your children greater understanding at this time.
Right from the start, you need to reassure your children that they are in no way to blame for the breakup. They will want to know what is going to happen next and will be particularly concerned about who they will live with and how often they will see the parent who is leaving the family home. You need to have discussed this sort of thing prior to speaking to your children, so your answers will be consistent.
Do not forget to continue to present a united front to your children during a divorce. You have to continue to be good parents to your children and to maintain discipline. Being soft and letting your children do what they want when they are with, you will only result in problems later. Continue to speak to each other about the children, agree the boundaries that need to be set for them and adhere to them in both homes.
A gooddivorce solicitorcan be invaluable if you need guidance and advice. Contact Lee & Priestly today, the top Yorkshire Law Firmwho can advise on all aspects of divorce and family law.
Divorce, Debt And Joint Accounts
When people get a separation or divorce they know that any assets need to be split, but more often than not there are also debts that need to be split. How those debts are split will seriously affect both partners future, so it is vital that you get good legal and financial advice from the beginning.
The first step in managing the situation is to write a list of all your outstanding debts and your assets. In addition, make a comprehensive list of all of your partner’s debts and assets. Gather all documentation that you have which relates to those debts and assets into a folder. The list and documents will help a good solicitor to give you sound advice.
Take action to stop yourself or your former partner from adding to those debts. Do this together. If you can, talk to your ex-spouse about the need to protect each other from the temptation to build up more debt and what steps need to be taken to do this.
Any joint signatory accounts, credit or store cards should be frozen or cancelled, as soon as possible. That way more debt cannot be accrued on them. Do not leave joint accounts as they are. An amicable divorce can quickly turn nasty. Make replacing joint accounts a priority.
Freezing a joint account may not be practical, because if you suspend the account neither of you can access the funds in that account. In addition, any household bills that are currently being automatically paid out of that account will not be honoured. A more practical alternative is to ask the bank to change the account, so that withdrawals above a certain amount can only be actioned with joint signatures.
Immediately opening two separate accounts is the best option. Doing so allows the joint account to be closed. New standing orders can be set up to pay important bills such as the mortgage and service bills from the new accounts. Remember that not paying those bills is counter-productive and can lead to the loss of the house or services.
With credit cards and store cards, the main account holder is usually liable for the debts. This means that if your spouse runs up further debts using your cards you will be held liable for that debt. If you owe nothing on the card, cancel it straight away. If you owe money and can afford to pay off the debt and cancel it, do so. Failing that, have the credit limit reduced to the minimum amount possible. Tell your credit firm of your situation. Some companies will give you a new card straight away; this will then enable you to cancel the existing card without too much inconvenience.
A gooddivorce solicitorcan be invaluable if you need guidance and advice. Contact Lee & Priestly today, the top Yorkshire Law Firmwho can advise on all aspects of divorce and family law.
Pets And Divorce
Disputes over who gets the family pet after a divorce are becoming more and more common. Although people argue over material possessions generally these arguments are resolved relatively quickly. However, when the argument concerns the family pet feeling run higher and the dispute is harder to resolve.
All solicitors have experience at resolving issues over material possessions or over access to children, but most do not have experience in resolving disputes involving pets. In the US, federal courts are hearing cases involving custody of the family pet after a divorce. In those cases, the welfare of the animal is the main consideration. The judge normally grants custody to the person who can provide the best environment for the pet. In Europe this type of dispute rarely ends up in court, but when they do the judge usually decides using a similar criteria.
If you can decide between yourselves who gets the family pet you should do so. Before doing so you should both ask yourselves if your new living conditions and economic situation will allow you to provide a good home for the pet. If you have a dog you cannot leave it alone all day, but if you now have to work full-time then you cannot be there for your pet as you need to be. Likewise, pets cost money to keep, if you no longer have a high enough income then you should let your partner care for the pet.
If children are involved in a divorce it is important to try to allow the family pets to continue to live with them. The bond between children and pets is usually stronger than that with the adults of the family. Your child is suffering enough from losing a parent, losing a pet makes this situation much worse for them.
If you find yourselves unable to come to an agreement just by talking things through find an independent mediator to help you with the issue. Your solicitor should have a list of professional mediators who are available in your area. If after all that you still end up in court make sure you use your solicitor to prepare your case.
Want to find out more about hiring a good divorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.
Ways To Get A Divorce
Contrary to popular belief there is more than one way to handle a divorce. If you need a divorce it is wise to consider each method before proceeding further.
If your affairs are simple and you are both in agreement you can do a divorce yourself. First you need to sit down and agree on the division of assets and custody arrangements for any children. Obviously this is only possible for couples that still trust each other and communicate well. Once you have worked out the basic agreement, it is wise for both parties to get a solicitor to examine the terms agreed. Doing so will ensure that you both understand your legal rights and the implications of the divorce agreement you have drawn up. A solicitor can also explain how to draw up and submit the divorce papers. Most solicitors will charge very little for this service.
Using a mediator to help you to agree the terms of your divorce and resolve any areas of conflict is another good option. A well trained and qualified mediator will help you both to resolve any disputes, especially those involving the children. Mediators will be impartial, but are not trained to give legal advice. Because of this you need to have seen a solicitor prior to mediation to be sure you understand all your rights and legal options. Doing this will ensure that you do not agree to anything during mediation that will have negative legal implications for you in the future.
Collaborative law is an even better alternative to the traditional route. Each party employs their own lawyer, but all four of you meet face to face to work through the options and come to an agreement which is fair to all parties. This method is designed to avoid having to go to court.
It is still possible to follow the traditional method of employing a solicitor each, and letting the solicitors work out a divorce agreement between themselves. In the past this way has often proved to be combative, leading in a lot of cases to a more acrimonious divorce than is necessary. However, if you both find good solicitors this method can also work well.
Want to find out more about hiring a good divorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.
Grandparents And Divorce
Grandparents do not have an automatic right to see their grandchildren. Most of the time, despite a divorce, the relationship that a grandparent has with their grandchildren continues as normal. However, if the divorce becomes acrimonious or the children move to another area this does not always happen. In most cases things calm down quickly and grandparents get to continue to see their grandchildren again, but not always.
In law only parents, stepparents, a guardian or a person with whom the child has lived for at least 3 years have the right to see the children. In other words, only people with parental rights to the child. This means that if a grandparent wants to see their grandchildren they need to use their powers of persuasion rather than the law, at least in the first instance.
When a relationship breaks down the grandparents should try to continue to see and speak to the grandchildren as normal. In this way, the relationship can often continue as normal. However, if the parent the grandchildren are living with begins to say no to your seeing your grandchildren, you need to try to resolve the issue quickly. Sit down with the parent and calmly explain that you are anxious to continue to be part of the child’s life and feel that there is a distance developing between you. Ask the parent to assure you that you can still visit. Discuss when and where this can happen. Most importantly explain that you do not wish to take sides or interfere with the divorce.
If talking does not work then consider mediation. Obviously, both sides need to agree to meet to discuss things with the mediator. Most good solicitors keep a list of independent mediators that they can refer you to. Those solicitors that practice collaborative law are the best to approach for help.
Occasionally mediation fails too, if that happens you will need to go to court to get a contact order. You have no rights in law, but if you can prove you have been a significant and positive part of your grandchildren’s life in the past you have a good chance of winning some contact rights. If you have become involved in arguments with family members during the divorce process, this can have a negative impact on your case for contact rights. Make sure that you use a solicitor with prior experience in getting contact rights for grandparents.
A good divorce solicitor can be invaluable if you need guidance and advice. Contact Lee & Priestley today, the top Yorkshire law firm who can advise on all aspects of divorce and family law.
Using Collaborative Family Law For A Divorce
Collaborative family law is a relatively new process practised by Resolution accredited lawyers. It is designed to deal with family disputes, including divorce. Rather than work out the divorce terms using phone calls and letters your lawyers, you and your partner meet face to face to resolve any issues and agree terms. Using collaborative law means a divorce can be completed without having to resort to the court system.
Both parties still appoint their own lawyers, so still get independent legal advice that insures each party is fully aware of their rights throughout the process. Each party first meets with their lawyer privately. If it is agreed to use collaborative law to proceed then a 4-way meeting is set up with both partners and both lawyers attending. Prior to this meeting your lawyer will have explained the procedure and what to expect at that meeting, so you will be prepared.
At the first meeting the lawyers will establish that all those present understand the process and agree to it. You will then sign an agreement to the effect that you are seeking a resolution or agreement that avoids going to court. You will then agree the terms and format of the next meeting, including who will bring what information to the next meeting, e.g. financial details.
There may be several subsequent meetings at which details of the final divorce will be agreed. This includes financial arrangements, and arrangements for any children you have. Once you have come to an agreement your lawyers will draw up the agreement and schedule a final meeting.
At the final meeting the agreements will be reviewed and explained then signed. If any further action is needed then the time scales, and who will carry out these actions will be agreed.
To use collaborative law you need to use lawyers that are qualified to use it. As well as being fully trained in family law the lawyers will have also learnt how to help clients to stay calm and to quickly reach agreement. Using collaborative law usually leads to a less stressful divorce. The lawyers do not act as mediators, they are enablers. Cases that involve children particularly benefit from using the collaborative law process.
Want to find out more about hiring a good divorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.
