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Common questions

  • Yes, a Pre-Nuptial Agreement can be updated or modified after marriage through a Post-Nuptial Agreement. It is often advisable to include provisions for future reviews in the original Pre-Nuptial Agreement.

  • Yes, the court may include the resource provided by a trust in a financial settlement on divorce and we at Winston Solicitors can assess with you how the trust is likely to be treated.

  • Yes, you can apply for interim spousal maintenance, which provides financial support during the separation period before the final court decisions are made in the divorce proceedings.

  • Yes, with skilled negotiation. Winston Solicitors aims to settle without court wherever possible.

  • The most common way to avoid sale or division of the farm is by reorganizing business structures to raise funds or to use the land as security for further borrowing to provide a housing/living fund for the non-owning spouse.

    Other options such as using income from renewables or other diversification projects to help fund a capital payment and provide a future income stream if this is appropriate.

  • Possibly, but it depends on the facts and evidence. Claims are often based on financial contributions or shared intentions, and these cases can be complex. We can assess your position and advise on the strength of any potential claim.

  • Child maintenance is usually governed by the Child Maintenance Service and there are only certain times when the court will make orders regarding child maintenance (child periodical payments). Spousal maintenance (spousal periodical payments) can be made in financial proceedings and will depend on the circumstances of the case.

  • Yes, potentially if you contributed financially or there was an agreement. Winston Solicitors can advise on proving your interest.

  • Yes. Breaching a Non-Molestation Order is a criminal offence. We can also advise you on what steps to take if an order is breached and how enforcement works.

  • Non-Molestation Orders automatically have a power of arrest attached as a breach of this order is an arrestable offence.

    If you obtain an occupation order, you may need a power of arrest.

  • Each divorce follows the same process and there is still no “quickie divorce” despite no-fault divorce being introduced on the 6 April 2022.

  • Yes. It’s called a postnuptial agreement. It works in a similar way and can give you clarity at any stage in your marriage or civil partnership.

  • Yes. Many people feel uncertain at first. We provide confidential advice to help you understand your situation and explore your options without pressure.

  • In some cases, yes. Jurisdiction depends on factors such as habitual residence and domicile, and our solicitors can assist you to assess whether England and Wales is the appropriate forum.

  • If your marriage was legally recognised in the country your marriage took place, you can commence a divorce in England if you are habitually resident or domiciled in England or Wales.

  • Yes, this is called offsetting pensions and is referred to above. It is crucial that advice is sought if you are considering a pension offset and our expert team at Winston Solicitors can advise you about this.

  • Not necessarily. Winston Solicitors helps business owners across the country protect their company’s where possible, while negotiating fair outcomes.

  • Yes. Winston Solicitors prepare tailored pre and post-nuptial agreements that help future-proof your business interests.

  • Yes, pensions can be shared in a divorce. The court may order pension sharing or offset pensions against other assets, depending on your situation. We will help you understand your rights.

  • Yes, mediation and other forms of non-court dispute resolution can be very effective where both parties are willing to engage. It can reduce costs and conflict. We regularly support clients alongside mediation to ensure agreements are informed and workable.

  • Yes, you can split pensions in the context of divorce proceedings and we can discuss the options available to you and assess what would be most suitable based upon the circumstances of your case.

  • Yes. Joint divorce applications are now possible and can reduce conflict although care needs to be taken to ensure you have control if you need it. Sole applications can be more straightforward. Our family law team regularly supports couples who want a respectful, straightforward approach while still protecting their individual interests.

  • Yes, you can. Many people want to protect future inheritance or family gifts and we can help you include that clearly in the agreement.

  • Yes. A no-fault divorce does not require you to provide any reason for a divorce. You only need to confirm the irretrievable breakdown of your marriage. You do not need to lay any blame on your partner before applying, and your spouse has little room to contest it.