Alcocks Solicitors

11/12/2023

14/07/2023

🧑‍⚖️IMPORTANT LEGAL UPDATE🧑‍⚖️
A recent High Court case has clarified the law on pre-nuptial agreements. The judgement makes it harder for a party to successfully challenge a pre-nuptial agreement on divorce on the basis that it leaves them in a "predicament of real need".
The judgement uses an analogy of a bookshelf with bookends at either side. “the right bookend represents a comfortable, perhaps even luxurious lifestyle. The left bookend represents a spartan lifestyle catering for not much more than essentials”.
Provided the pre-nuptial agreement leaves the party with a standard of living that is between the bookends, that party would not be in a predicament of real need, meaning the pre-nuptial agreement would be capable of being considered fair by the court and therefore it would be upheld.

30/06/2023

What if you haven't been able to reach an agreement? Then you can't apply for a consent order! If this applies to you, then we strongly urge you to book in to see our family solicitor for a free 30 minute appointment to discuss your options. Call us on 01623 460444 or e-mail at [email protected] to arrange.

30/06/2023

The court will only approve a consent order if it believes the terms are fair and reasonable. If you have any doubt whatsoever about the fairness of the agreement that you have reached, contact us on 01623 460444 or e-mail us at [email protected].

30/06/2023

It is not guaranteed that the court will approve your consent order and it may return the order to you with some questions that need answering. To ensure the court are likely to approve your order, you should seek specific advice from a solicitor and have the order drafted by them. We are happy to discuss this with you during a free 30 minute appointment. Call us on 01623 460444 or e-mail [email protected] to book.

29/06/2023

If you have already reached a financial agreement, then you can apply for a consent order once you have received your Conditional Order (previously referred to as the Decree Nisi).

29/06/2023

A consent order will become a legally binding court order only after it has been lodged at court for a judge to consider. You will also have to send a form called a Form D81 to the court with your application. As part of our fixed fee, we will not only prepare the consent order but also assist you with completion on the Form D81 and submit everything to court on your behalf. To discuss further, call us on 01623 460444 or e-mail [email protected].

29/06/2023

I already have a clean break order. Can it be varied?
Whilst the court does have the power to vary or discharge certain orders, it will only do so in very limited circumstances. It is best to seek specific legal advice on whether your order is capable of variation. You can call us on 01623 460444 or e-mail us at [email protected]

28/06/2023

Can I have a clean break in relation to financial provision for my children? NO! A clean break will not prevent a later application for financial provision for a child.

28/06/2023

Do you need a clean break? The answer is always yes! A clean break means the dismissal of all claims, including claims for maintenance, income and capital between former spouses. If you ae divorce or are in the process of becoming divorced and do not yet have a clean break order please contact us on 01623 46044 or at [email protected] to find out more.

28/06/2023

What is Form D81?
The court has a duty to scrutinise a consent order before it approves it to make sure it is fair and reasonable. To do so, it needs access to some financial information which you will need to provide in Form D81.

27/06/2023

Have you already reached a financial agreement? It will only become binding between you and your spouse when it has been drawn up as a draft consent order and then approved by the court and sealed as a court order. We offer a fixed fee for preparing a consent order. Why not get in touch on 01623 460444 or [email protected] to discuss further?