Family Law FAQs

Some of the most common questions we are asked about family law, such as: “Don’t we just split our assets 50:50?”; “What do I do if I am not sure that I am getting the right legal advice?”; “What will happen if I sign a prenup?”; and “What claims do I have if I live with someone?” are answered in the FAQs below.

Frequently asked questions on Family Law

Q: Don’t we just split our assets 50:50?

A: This is unlikely. Although the equal division of assets is a starting point, there are many factors taken into account by the Courts which usually produce a different result. If there is not enough money to go around when the couple split, the key factor is how to meet the couple’s respective financial needs, and particularly the financial needs of the children. This usually results in an unequal division of assets in favour of the parent with whom the children are living. If there is more than enough money to go around, a whole host of other factors come into play. For example, if the marriage is short, the correct result might be to put the parties back into the financial positions they were in before the marriage. Even with longer marriages, the court can be persuaded that the division of assets should be influenced by the amount of money that each party ‘brought’ to the marriage.Financial injections from either person’s family (e.g. inheritances) can also alter the result. The stay at home parent could be ‘compensated’ for giving up their career. In other situations, one person can get more than half of the assets if their ‘genius’ created most of the wealth. Sometimes, changes in wealth after separation can have an important effect. Another key factor is whether or not there is a maintenance claim by one of the couple. If there is, this could be dealt with separately to the division of assets. Alternatively, that person’s maintenance claim could be ‘bought off’ by getting a bigger share of the assets. The right answer on how to split a family’s money will be different for every single family. The most important thing is to get early advice on the range of possible outcomes, the different methods of resolving any dispute (mediation, Collaborative Law, solicitor negotiation, court proceedings), and the costs, timescale and risks involved for each method. This is what we will always aim to give at an initial meeting.

Q: I am not sure whether I am getting the right legal advice. What can I do?

A: If you were not sure what your doctor was telling you, you would get a second opinion. The breakdown of your relationship and the financial and personal consequences of that is one of the most important events in your life, and you should always get a second opinion. We are always happy to provide a free second opinion.

Q: My fiancée wants us to sign a pre-nuptial agreement before we get married. Will it be legally binding?

A: Yes, if it is done in the right way. What we mean by this is that:

• Both of you must enter into the agreement of your own free will
• Both of you must understand the implications of the agreement
• The agreement is not obviously unfair.

It is important to get an expert view of what is or isn’t ‘obviously unfair’. It is also very important that the prenup allows for future changes in circumstances, particularly the possibility of having children.

Q: I have lived with my partner for five years. Is she my common law wife?

A: There is no such thing as a common law wife. If you live with your partner but are not married and don’t have children together, the only financial claims either of you may have will be in relation to any properties which either of you own. Those claims will be decided based on how you both dealt with each property during your entire relationship. It is very complicated. See our article on the latest Supreme Court decision in November here. The Government’s plans to increase the rights and benefits of cohabitants on separation have been put on hold indefinitely. If you have children together, there will be maintenance payable for them. If the paying parent has quite a lot of money, the parent looking after the children may have further financial claims, for example to pay for a car, or a nanny, or private school, or perhaps even a house for them and the children to live in until the children are no longer financially dependent.

For further information please contact one of our family law specialists using the details below:

Robin Charrot
Tel: 0161 234 8808
Send an email

Kim Aucott
Tel: 0161 234 8874
Send an email