Pension attachment orders allow for one person to get maintenance payments from their ex-spouse's pension. You receive these payments when your ex-spouse starts getting their pension which can be helpful if you depend on their income although they are not as common now that pensions can be shared by pension sharing orders.

If you cannot agree on pensions, the court can issue a pension-sharing order or this can be done as part of an overall agreement. This deals with how the pensions will be divided. If you are too young to receive your partner's pension, you can get it when you are older.

A post-nuptial agreement, often referred to as a postnup, allows you and your spouse to provide for financial arrangements even after marriage.

You might find a post-nuptial agreement beneficial if:

Inheritance: You are about to inherit significant assets or wealth and wish to clarify the terms of how that will be dealt with within your marriage.
Business or property ventures: You are taking on ownership or a significant stake in a family farm, business, or other property. A postnup can help define how these assets will be treated in the event of a separation or divorce.
Marital changes: If you and your spouse are considering a separation or have encountered a substantial change in your marital circumstances, a postnup can help address the financial implications and ensure that both parties are protected.

If you are on the brink of marriage and wondering whether a pre-nuptial agreement is the right choice for you, the decision largely hinges on your financial circumstances and specific goals. Pre-nuptial agreements, commonly known as prenups, are legal arrangements that outline how your assets and financial matters will be managed in the event of a divorce.

Consider opting for a prenuptial agreement if:

Assets: You have significantly more assets than your future spouse. A prenup can provide clarity on how these assets will be divided in case of a divorce, ensuring your financial interests are safeguarded.
Second marriage with existing children: In the case of a second marriage, you may want to protect the rights and inheritance of your existing children from a previous marriage. A prenup can help ensure that your assets are allocated as per your wishes.
Business ownership: If you own a business and wish to shield it from potential divorce proceedings, a prenup can help establish how the business assets will be managed if your marriage ends.

What is a Specific Issue Order?

An Order dealing with a specific issue such as where a child shall attend school or what medical treatment they should have.

These are the court proceedings that you can apply to the court for following a divorce/dissolution which will ultimately provide orders for a financial settlement.

These are historical terms the court used to describe where a child lives and spends time with a parent. These are now called Child Arrangement Orders.

Equip yourself with bank statements, investment details, property deeds, business agreements, and any other financial records. This thorough preparation not only speeds up the process but also ensures every asset is accounted for.

This is a specific type of court application that is available to request an order to provide financial assistance for children from an unmarried parent.

The duration of spousal maintenance is influenced by factors such as the length of your marriage, your age, the time it might take for you to become financially independent, and any prior agreements made.

If a Pre-Nuptial Agreement is not updated, the original terms will usually stand. However, it may not account for changes in financial circumstances, assets, or family structure, which could lead to complications in the event of a divorce some years later as there could be an argument as to how relevant the Pre-Nuptial Agreement is. This will be less relevant if the divorce is within a relatively short time frame of the Agreement or the Pre-Nuptial Agreement is entered into by parties entering into a marriage later in life

Intellectual properties can represent significant value, and their division depends on when they were acquired, their potential future earnings, and their importance to the holder. Clear understanding and specialized expertise are crucial in handling these assets.

Joint savings can be a bone of contention. Taking precautions such as maintaining separate accounts and diligently recording individual contributions from non-marital sources can make a difference in asset protection, but any savings or assets held in accounts in joint names are likely to be considered as joint regardless of the origins of the fund.

We will need to use reasonable endeavours to find them and serve the divorce papers upon them.

Winston Solicitors can advise you and assist you in respect of applying to the court for an order for sale and/or a declaration of your interest.

A 'Clean Break' Consent Order is an order agreed within divorce/dissolution financial proceedings which severs all financial ties between the parties both now and in the future.

Joint Tenants is one way of how two people can own a property together and it means that they own all of the property between them.

This is a type of order in divorce/dissolution financial proceedings that means a party can live in a property until certain conditions are met.

Tenants in Common is another way of how two or more people can own a property together and it will define what proportion of the property that they own.

This is an order from the court setting out where children shall live and how they shall spend time with each parent.

In family law, a consent order is a legal document which formalises a couple's agreement on the division of their assets (including things like money, savings, property, investments, pensions, and other valuable possessions) and income during a divorce or separation. It can also cover specifics related to child maintenance.

Sometimes, reaching an agreement might prove challenging, particularly in cases of an acrimonious separation or conflicting interests. However, in situations where couples can reach a mutual understanding about the distribution of their assets, a consent order can speedily solidify this agreement, making it legally binding and safeguarding it from future challenges.

For a consent order to effectively reflect your intentions and be legally enforceable, it is advisable to engage a solicitor who can draft and validate the document.

A Consent Order is an order agreed within divorce/dissolution financial proceedings which sets out the terms of the agreement for the financial separation dealing with sale/transfer of property; bank accounts; maintenance payments and so on.

This is a document that is legally binding and usually sets out how legal owners of a property shall own the shares in that property.

This is the First Hearing Dispute Resolution Appointment in children proceedings and will usually be the first hearing you attend at court in a children application.