S H Family Law Ltd

06/10/2025

Hello, we are looking for someone to clean our office for two hours every other week. If you are interested or know anyone that may be interested, please can you get in touch - it can be any day of the week that fits in with your existing commitments, however it will need to be a set day so that we can work our appointments around it - thanks very much - Grace

22/03/2024

Cohabiting or have plans to do so?

The number of people cohabiting is on the rise – interestedly, there is a particular increase in cohabiting parties aged 55 and over who have never previously been married or in a civil partnership. Hence why I thought it may be useful to set out some ways in which you can seek to protect yourself in the event that you are already cohabiting or have plans to do so.

Currently cohabitation does not provide parties with a specific legal status and it is therefore sensible to consider whether any arrangements need to be put in place prior to moving in with a partner. This is particularly important if unequal contributions are being made to a joint bank account or the purchase, running and/or improvements of a property.

If a property is purchased as joint tenants, regardless of unequal financial contribution either upon purchase or throughout the relationship, there is no automatic right for the net proceeds of sale to be distributed in accordance with those unequal contributions if a dispute should arise. As well as parties purchasing a property together, we regularly see a situation whereby one party is moving into a property solely owned by their partner which can create difficulties upon separation unless intentions are documented.

Accordingly, without a Cohabitation Agreement and/or Declaration of Trust in place, should a dispute arise, you open yourself up to matters having to be adjudicated within complex and expensive Court proceedings that could otherwise be avoided. Furthermore, the Court’s approach to dealing with property matters is a strict interpretation of Trust law, which, more often than not, results in a harsh outcome to one of the parties.

Monetary gifts from a third party to just one party of the relationship are also more common now than ever due to ever increasing property prices. It can be an unwelcome surprise to find out that the monies gifted will be held to be gifted to both owners of the property, unless proved to the contrary within Court proceedings.

Such Declarations enable parties to set out their respective contributions and upon separation or sale, the net equity received will be distributed in accordance with the terms of the Declaration. Notably, Declarations can also be used where the property is being purchased by one party but the intention is for both parties to benefit from the property’s equity.

In summary, there are a multitude of different situations that arise whereby a Cohabitation Agreement would be not just useful but essential to ensuring that parties moving in together protect their financial positions.

Please be assured that you are not prevented from entering into a Declaration of Trust and/or Cohabitation Agreement if you are already cohabiting. As such, if this is of interest to you, regardless of whether you are already cohabiting or plan to in the near future, please do get in touch.

Should you wish to receive any further advice in connection with cohabitation matters or any other area of family law, we would be really pleased to hear from you.

You can contact us by visiting our website, www.shfamilylaw.co.uk, telephoning us on 01179 601437 or emailing [email protected] We offer an initial free appointment in person or over the phone, depending on your preference.

01/03/2024

S H Family Law specialises solely in family law, enabling us to be experts in our field. We offer an initial free 30 minute consultation either in the office, remotely or over the telephone. We understand what a difficult and worrying time it can be when a relationship breaks down and how important it is to have access to good, sensible, unbiased advice; delivered in a way which can be understood to enable you to make the choices which best suit your family. We pride ourselves on our quality of advice, professional level of service and transparency over costs.
Should you wish to receive advice in any area of family law, please do not hesitate to get in touch with us.
You can contact us by visiting our website, www.shfamilylaw.co.uk, telephoning us on 01179 601437 or emailing [email protected] (Grace Cox)
S H Family Law, 51 High Street, Hanham, BS15 3DQ or Banksy Suite, First Floor Aztec Centre, Almondsbury, BS32 4DT

15/01/2024

Here is the first of our Articles for 2024, this one covers Pre-Marital Agreements - I hope you find it useful and if you have any ideas on topics for future Articles, please do not hesitate to let me know either by leaving a message on here or via our website - www.shfamilylaw.co.uk

Pre-Marital Agreements

2024 may be the year that sees you getting married and so we thought it would be useful to set out information on steps you can take to help secure your financial position if you are planning on doing so.

Amid all the preparation and organisation in the run up to the big day, the last thing you are likely to consider is how your legal position alters following marriage.

We appreciate it isn’t very romantic discussing financial matters with your soon to be spouse and how, should the marriage breakdown, you would prefer your assets to be distributed between you. However, it is sensible to consider such matters and whether you wish to seek to ensure that your financial distribution is in line with your preferences, rather than governed by statute and Court principles, which could provide for a very different outcome.

A Pre-Marital Agreement (or Pre-Nuptial Agreement) is made by a couple prior to their marriage. Essentially, the agreement sets out how the parties to the marriage wish their assets to be divided should they divorce.

Such agreements are not legally enforceable, however, the Court can and commonly do uphold the contents of a Pre-Marital Agreement either in full or in part. There are certain criteria that, if followed, are more likely to persuade a Court to uphold the terms of the Agreement and these are set out below:-

The agreement should be entered into by both parties without undue pressure.

Both parties should have full knowledge of each other’s financial position.

The agreement should be drawn up and signed in good time of the wedding date.

Both parties should obtain independent legal advice upon the implications in entering into the agreement.

The agreement should meet the financial needs of both parties and make provision for any changes in circumstances, eg, children being brought into the marriage.

Pre-Marital Agreements are becoming increasingly common, reasons for requesting one range from one party wishing to preserve pre-marital wealth, perhaps as a result of getting married in later life or having received financial assistance from a third party that is provided with the intention that it should not be shared in the event of a marital breakdown. Alternatively, it could be due to a preference to preserve inheritance or financial gifts that may be received within the marriage or simply wanting to have control over how finances are divided rather than rely on statute and Court principles.

If you are reading this and thinking that you would benefit from having a Pre-Marital Agreement but you are already married, you can instead enter into a Post-Marital Agreement.

Should you wish to receive advice in connection with entering into a Pre or Post Marital Agreement or any other area of family law, please do not hesitate to get in touch with us.

About Us

S H Family Law specialises solely in family law, enabling us to be experts in our field. We offer an initial free 30 minute consultation either in the office, remotely or over the telephone. We pride ourselves on our quality of advice, professional level of service and transparency over costs.

You can contact us by visiting our website, www.shfamilylaw.co.uk, telephoning us on 01179 601437 or emailing [email protected]

08/01/2024

If you or anyone you know would assist from receiving any family law legal advice, please do not hesitate to get in touch with us. We offer an initial free meeting either over the telephone or in the office (depending on your preference). Please feel free to telephone the office on 01179 601437, contact Grace on [email protected] - or visit our website shfamilylaw.co.uk

06/12/2023

For the majority, the festive season is full of family, fun and joy, however, there are many who struggle this time of year for a variety of reasons. In my role, I see how hard the festive season can be for those who have separated or are relatives of those who have separated. They may be struggling to come to terms with the breakdown of their relationship, have had to move out of a much cherished family home or it could be the first year without seeing children or grandchildren on Christmas Day. Checking in with a quick text or phone call is likely to go a long way to helping people through. If you or anyone you know are struggling, the following contacts may be of use:-
Mind:- 0300 123 3393, mind.org.uk
Samaritans: 116 123, samaritans.org
Calm: 0800 585858, thecalmzone.net

29/11/2023

All the Christmas Trees are out above the shops on Hanham High Street as from today - its great to be part of such a lovely community.

26/11/2023

Hello, please do not hesitate to get in touch if you need any family law assistance.

26/11/2023

26/11/2023

S H Family Law is a family law firm specialising in all aspects of family law. We provide advice and assistance for issues arising from separation, divorce, cohabitation, children matters, domestic violence to change of name and matters such as pre marital agreements and cohabitation agreements.