Common questions
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The prenuptial agreement would be tailored to your own individual needs and circumstances. That is the benefit of obtaining bespoke professional advice rather than a cheap online form. Many of our clients ask us to encompass the following matters in their agreements:
- Ownership of assets/property acquired pre/post marriage in one person’s sole name
- Ownership of assets/property in joint names
- Ring fencing any pre-marital contributions/trust related assets/business interests
- How inheritances/gifts are to be treated
- Whether any maintenance will be paid by one party upon marital breakdown and, if so, for what duration and how will that be negotiated?
- How will the interests of minor dependent children be met?
- Will pensions be shared/nomination of death in service benefits?
- Entitlement to cash savings/policies/other assets
- Cars/valuable items/contents
- How will debts be treated?
- What will happen on the death of either party?
- When will the terms of the agreement be reviewed?
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A pre-nup is for couples getting married, while a cohabitation agreement is for those living together. Both set out how things like money, property and children will be handled if you separate.
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A prenup is signed before you marry. A postnup is signed after. Both serve the same purpose, which is to agree on what happens to your finances if things change.
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Cafcass are the Children and Family Court Advisory Support Service and they are professionals who help the courts in children proceedings.
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We believe the best family solicitor is one who listens, understands your situation, and gives you clear advice. At Winston Solicitors, we’re proud to have over 3,000 five-star reviews from families across Leeds and North Yorkshire.
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Deciding what happens with the children in a divorce is called the child arrangements.
These can either be decided between the parents perhaps individually or through solicitors of other dispute resolution such as mediation.
If the parents cannot agree on the child arrangements, the court may have to intervene. If the court decides on the child arrangements including where the child will live, it will consider what is in their best interests, which could include the age of the children, their needs, and preferences where they are old enough.
It will look at how their needs can be met educationally, financially, and emotionally, along with other factors. The court will make arrangements that are in the best interests of the children.
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Usually, each person pays their own costs. In some cases, the court may order one person to contribute to the other's fees.
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Postnuptial and prenuptial agreements are increasingly worthwhile if you have assets that you want to ring-fence/protect against any future financial claims made by your spouse/civil partner. They are like an insurance policy and can also be used to protect assets likely to be received by way of future inheritance. They can also protect your interests if you are marrying or have married/entered into a civil partnership for a second or subsequent time.
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With international jurisdictions and laws at play, accurate and comprehensive documentation can prevent misunderstandings and legal complications. It is essential to provide detailed evidence of ownership, especially when dealing with foreign properties or investments.
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Credit health can influence your ability to secure loans, buy property, or even establish utilities. If credit was shared during the marriage, it is crucial to establish one’s own credit history post-divorce/dissolution.
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Where a property is owned as Joint Tenants, by severing this this means the property will then be owned by the parties as Tenants in Common with specific shares.
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Not necessarily. With our expertise we can ensure that your case is dealt with fairly and that long-held family plans are upheld where it is fair to do so.
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No. Divorce ends the marriage but does not finalise financial claims. We help clients understand why a financial order is important and how to resolve finances fairly and securely.
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Usually not. Winston Solicitors explores offsetting and restructuring so our clients can retain control.
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Not at all. Early advice often helps reduce conflict by setting expectations and exploring constructive options. At Winston Solicitors, we focus on clear, practical guidance and avoiding unnecessary escalation wherever possible.
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No. While equality is a starting point in some cases, the court’s focus is fairness based on your individual circumstances. We help clients understand what a realistic and fair outcome may look like.
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Yes. As long as your employer was also partly to blame, you may still be able to claim compensation.
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Yes, but the claim is typically made against the owner’s home insurance, so it won’t be a personal expense for them.
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Where liability is not in dispute, it is possible to arrange for an interim or early payment for certain losses e.g. loss of earnings. All interim payments are deducted from the final damages award.
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Yes. A solicitor protects your rights and helps you get the right amount of compensation, so you’re not pushed into taking a low early offer from insurers.
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Most claims are settled out of court with your employer’s insurer. Going to court is rare and we’ll support you every step if needed.
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You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then submit your claim to the insurers on your behalf setting out your claim.
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You usually have 3 years from the date of the accident, or from when you first realised you were injured.
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You generally have three years from the date of the accident to start a claim. However, exceptions can apply, so contact us for tailored advice.