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Michelle Bowyer, Associate Solicitor – Family Team

Following a relationship breakdown, one parent may wish to move abroad. If this step is agreed upon there is no need to obtain a court order. However, if one parent does not consent, an application to the court for either a specific issue order (if you are the parent wishing to move), or a prohibited steps order (if you wish to prevent your child from moving), will become necessary.

The legal position is that it is unlawful to remove a child from the jurisdiction without the consent from all who hold parental responsibility for the child.

The approach of the court

The family court’s paramount consideration when determining any application under the Children Act 1989, is the welfare of the child. It must also have regard for the Welfare Checklist contained within the statute which is as follows:

1.            The ascertainable wishes of the child.

2.            The child’s physical, emotional and educational needs.

3.            The likely effect on the child of a change in circumstances.

4.            The child’s age, sex, background and any other characteristics which the court considers relevant.

5.            Any harm which the child has suffered or is at risk of suffering.

6.            How capable each parents is, of meeting the child’s needs.

7.            The range of powers available to the court.

If you are wishing to persuade a court that it is in your child’s best interests to move abroad with you, be prepared to produce detailed plans about where you will live and how you will fund your new life, and about your child’s schooling and their contact with the non-resident parent and their extended family members.

The first stage

Any family court user must attempt to resolve differences by attempting mediation before pursuing an application to the court, unless one of the few exemptions apply. Mediation is a powerful method of dispute resolution and may allow you to wholly settle your dispute, or to narrow the issues. If mediation does not produce an agreement, you will become entitled to file an application at court, inviting it to determine where your child should reside and the arrangements for contact with the non-resident parent.

If in doubt, the family team at Bevirs Law can advise you and represent you should court proceedings become necessary.

Michelle Bowyer, Associate Solicitor – Family Team

A change in divorce laws in the Spring of 2022 has allowed many more people to undertake their own divorce proceedings without the need for solicitor input. The process has been simplified, no longer requires details of behaviour to be recited and is now available via the user friendly and (almost always) efficient online court portal. This has been a positive step for the family court user. However, the ease at which parties can now divorce, has resulted in an increase in client’s falling foul of the “remarriage trap”.

The only way to prevent future financial claims being pursued against you by your former spouse, is to obtain a clean break order from the court. This should be addressed within divorce proceedings,  and this can be either by consent or by imposition of court order following contested proceedings. The only exception to this rule, is the remarriage trap.

If you remarry before obtaining a clean break order, you are statue barred from pursuing an application for either lump sum, property adjustment or periodical payments (spousal maintenance) against your former spouse. A quirk in the Matrimonial Causes Act 1973 allows you to still pursue an application for a pension sharing order despite your remarriage. It is noteworthy that your own remarriage will not prevent your former spouse from applying to the court for a lump sum, property adjustment or periodical payments order against you.

It is imperative that you secure a clean break order upon your divorce, and before your remarriage. The practical implications of you failing to do so could result in you losing the right to claim any assets from your marriage.

At Bevirs Law, we offer a fixed fee for drafting a clean break order and supporting financial statement of £850 + VAT providing you and your spouse have reached an agreement. If you have not yet achieved consensus, we would urge you to attempt to mediate your differences and can assist during that process or we can undertake the negotiations on your behalf, for which our hourly rates will be charged.

The family team hourly rates:

Natalee Worthington, Partner £260 + VAT

Michelle Bowyer, Associate Solicitor £240 + VAT

Ellie Chivers, Solicitor £185 + VAT

^{Michelle Bowyer, Associate Solicitor – Family Team}

A prenuptial agreement documents the ownership of assets and what will happen to those assets in the event of a marriage breakdown.

Why enter into a prenup?

• Managing financial negotiations following marriage breakdown can be fraught with emotion and consequently, legal costs for both parties can escalate, especially if an agreement cannot be achieved, and litigation becomes necessary.
• You may wish to preserve the assets you acquired before the marriage either for yourself, or for your children, if entering into a second marriage.
• You may wish to protect future inheritances to ensure any such gifts do not form part of the matrimonial “pot” on divorce.
• You may want certainty about your spouse being solely responsible for any debt held in his/her name at date of marriage.

Are prenups legally binding?

Prenups are not automatically legally binding. However,  a Supreme Court decision in 2010 in the landmark case of Radmacher v Granatino, found that a prenup would stand unless one spouse could show why it should not.  To provide the best chance of a prenup being upheld in the event of a future challenge, there must be full and frank disclosure of all assets, both spouse’s take independent legal advice, and it should be executed no less than 21 days before your marriage ceremony. The agreement must also provide for a fair outcome for both parties.

Can a prenup be varied?

Yes. Ideally, you will undertake a review every 5 years or upon a change in your circumstance. This is called a postnuptial agreement and follows the same guidelines as a prenup, in terms of ensuring full and frank disclosure and needing independent legal advice whilst ensuring fairness prevails.

At Bevirs Law we have seen a dramatic increase in new prenup instructions, over the last 12 months. Our clients are choosing to protect their wealth and wishing to avoid the potential conflict that can occur if such discussions are left until after marriage breakdown.

Cost?

At Bevirs Law we offer a fixed fee of £2,000 + VAT for drafting a prenup, £1,500 + VAT for drafting a post nuptial agreement and  £1,200 + VAT for advising you in relation to either a prenuptial or postnuptial agreement already drafted by the solicitor for your fiancé/spouse.

Bevirs Law was proud to sponsor the annual Supermarine Bowls Club’s Spitfire Tournament, with the Final taking place on Thursday 14^th September, in their beautiful grounds and clubhouse in South Marston.

Natalee and Azmol were on hand to present the trophies, and here they are pictured with the runners up – Cricklade 2 and the winners – Strattoners.

Congratulations to everyone participating, and special thanks to the weather for staying fine.

The Wootton Bassett Parochial Charities has an impressive history going back as far as 1619 when Charles Pynner and Sir Francis Inglefield between them bequeathed an initial sum of £140, with the aim of supporting the poor. This money was initially invested in the purchase of 7 acres of local land, and the proceeds from the rent of this land was distributed annually to the needy of the parish of Wootton Bassett.

Sometimes distributed as money, but more often in the form of bread, particularly at Christmas, this may be one of the earliest examples of “living on the breadline”, although the phrase itself was not coined until many years later.

Subsequent bequests over the years have swelled the coffers and although most of the land was sold more than a hundred years ago and the capital invested in other ways, to this day funds accrued are distributed to worthy local causes each year.

Bevirs Law has provided secretarial support for the Charity for many years, which is run by trustees.

Shown is an excerpt from the “Poor Stock List” of 1790.

If you would like to donate, please contact azmol.ali@bevirs-law.co.uk

The garden view of the new building at Bevirs Law Royal Wootton Bassett office mid construction in 1990 and present day.

From the carpark. 1990 vs present day.