Family, Divorce & Financial Resolutions

The breakdown of a personal relationship, whether it is marriage, civil partnership or cohabitation, can lead to hostility and pain. At William Sturges, we take every care to help our clients minimise conflict, protect their family and start to regain control of their lives.

Central to our approach is our long and valuable experience in mediation and collaborative practice. This way of working helps everyone to focus on the overall needs of the family, and to achieve a negotiated agreement outside of the courts where possible.

On the occasions when agreement cannot be reached then, with our sound family litigation expertise, we are able to guide our clients through the court process to protect their interests. Our advice is always provided with the support, discretion and sensitivity that our clients require.

“The family team prides itself on combining legal expertise developed over 30 years with a deep understanding of families. We believe in being fair, transparent, and compassionate in everything we do.”

Pre-marital/Pre-nuptial, Post-nuptial and Co-habitation Agreements

Pre-marital agreements, otherwise known as pre-nuptial agreements or ‘prenups’ are written contracts between two people, made before marriage or civil partnership, providing details of how their assets are to be divided should the relationship fail. These agreements are largely used to protect pre-marriage property and assets, (especially if there is a disparity between how much each party has or attitudes towards spending) as once you are married, then all your assets will legally be merged under matrimonial law and will be equally divided in a divorce situation.

It is important to note that pre-marital agreements are not legally enforceable in England and Wales. However, when prepared by a qualified solicitor to comply with UK law, they are more likely to be upheld by a court as they show both parties intent. A couple who are already married or in a civil partnership may decide to enter into a Post-nuptial agreement, and William Sturges can fully advise on the implications of such an agreement.

A cohabitation agreement is similar to a Pre-marital/Pre-nuptial Agreement but can be used by unmarried couples. Cohabitation agreements usually clarify who owns what, financial responsibilities and how jointly owned items should be split if a couple separate.

If you have personal assets you wish to protect, want to formalise the financial aspects of your relationship before marriage or civil partnership, or are being asked to sign an agreement and would like a legal opinion, please contact our Family team.

Financial arrangements to be put in place following a breakdown of a relationship

A relationship breakdown is a difficult time for those involved and issues relating to shared assets and ongoing financial arrangements are probably one of the most complex aspects of any settlement.

If a divorcing couple are unable to reach agreement on the division of assets and financial provision, the Court has powers to deal with their financial matters. This used to be called ‘ancillary relief’ but now the parties have to apply for a ‘financial order’.

Should you be worried about the other party disposing of assets before a judgment can be obtained, we are experienced in emergency arrangements to protect assets, such as issuing a freezing injunction. We have extensive experience in dealing with the financial consequences of relationship breakdown, can help you with the protection and distribution of jointly owned assets, and adopt a realistic approach to achieve a speedy and cost-effective resolution of financial issues.

The arrangements for children

Should your relationship breakdown we can advise on the best course of action to try and reach an agreement with the other parent regarding child-related issues but where this cannot be achieved, we will apply to the court to obtain the best possible outcome for you and your children.

Courts can make Child Arrangement Orders which regulate what the arrangements will be i.e. with whom the child is to live and spend time with and when and orders about specific issues e.g. what school the child should attend, or medical treatment. Our experienced family team are able to advise on all children issues including where they should live, contact arrangements and financial provision.

Applications to emigrate with children or the abduction of children

Our experienced family team can assist with the preparation of an application to seek permission to relocate abroad with your child, also known as ‘leave to remove’. We will guide you in these discussions, offering tailored support to resolve the issues you may face. If you fear your child will be taken out of the UK without your permission, or that of those with parental responsibility, we can advise you on applying for a prohibited steps order from the court to prevent this. If your child has already been abducted, we can also make an application to the High Court for their return.

Whether you are seeking our advice to reach an agreement with the other parent or find yourself making or defending a Court application, our experienced Family team can guide and support you through the whole process.

Protective action in cases of domestic violence

Our Family team can provide emergency advice on how to protect you and any children involved and if you are at immediate risk from physical, emotional, sexual or financial abuse, and act quickly to obtain a court injunction prohibiting someone from intimidating or behaving violently. It may be possible to obtain a Court Order to have someone removed from a home or prevented from visiting it, known as an Occupation Order. Our family team are experienced in domestic abuse cases, dealing regularly with difficult relationships and sensitive circumstances.

Provision out of the estate of a deceased person

If your partner dies, but you were not married or in a civil partnership, or not mentioned in their Will (if they had one) you may be able to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975. In order to make such a claim, you must have been living with the deceased for a minimum of two years before the deceased passed away and been in a relationship akin to marriage/civil partnership. Securing your financial situation following the death of a loved one can cause stress at an already sad time. Our team of experienced family lawyers is on hand to help you identify if you are able to make a financial claim and to guide you through the process.