There are two overarching reasons why a couple might enter into a pre-nuptial agreement; (i) to protect existing or future assets; and/or (ii) to try to regulate at the time of the marriage how financial resources should be divided in the unfortunate event that the marriage breaks down.

On 7th December 2023 The Family Justice Council held its 16th annual debate. The full recording can be found here. The question was whether or not the law should be reformed so that unmarried couples (or ‘cohabitants’) have the same rights as married couples. It was chaired by Sir Andrew MacFarlane, President of the Family Division.

Financial constraints can often stand in the way of clients seeking legal representation, especially in light of the recent high inflation and monthly interest rate increases in the UK. Traditional options such as litigation loans, commonly used to finance legal services, may not always be accessible, especially for clients who do not have sufficient assets in their own name to use as collateral. In such circumstances, Legal Service Payment Orders (“LSPOs”) can provide a viable alternative for those who might otherwise struggle to afford legal representation.

The Labour Party announced at their party conference that, should they be elected, they would seek to reform the law for cohabiting couples. Cohabiting couples are unmarried couples living together.

According to Resolution there are currently more than 3.6 million cohabiting couples in the UK, making up 18% of the families.

There is a common misconception around the term “common law marriage”. There is no such thing as a common law marriage, and unmarried couples have limited protection when their relationship ends, or when their partner passes away without a Will in place.

We are delighted to have once again been awarded the highest ranking in the Legal 500 guide to the best family teams in Kent, Surrey and Sussex.

The researchers noted the firm’s ‘market leading’ and ‘organised and efficient’ approach dealing with the full spectrum of family law issues including divorce, financial remedy and private children matters.

It is common for parties to a divorce to own property, be it the family home, investment properties and/or a holiday home.  As part of an overall resolution (whether agreed between the parties or ordered by the court) it is often the case that a property is to be sold.

But can a property be sold at an interim stage, before a final settlement has been reached?  The answer is that it depends on the circumstances.

The start of the new school year in September often brings new clients to our door seeking advice on how to progress a divorce.  Here are our ‘top tips’ on how to adopt a constructive approach and keep your legal costs at a manageable level:

One of the remedies available to individuals suffering domestic violence is to apply for a protective injunction from the court under the Family Law Act 1996, taking the form of “non-molestation” and “occupation” orders. Applications can be made “on notice” (i.e. after informing the person you are seeking the order against) or “without notice”(i.e. without telling the person you are seeking the order against).

The family law world has recently taken stock of a new judgment of Mr Justice Mostyn, titled James v Seymour [2023] EWHC 844 (Fam). The decision concerns an appeal of the judgment of Her Honour Judge Vincent, who herself heard a variation application brought by Ms James in respect of the historic award of spousal and child maintenance.

In our work as family law solicitors, we are finding that Parenting Plans are being used more and more so that separating parents can set out in writing the agreement they have reached about how their children’s time will be divided between their respective homes.

We are delighted to announce that James Patrick will become a partner with effect from 1st August 2023.

James joined Jones Nickolds in January 2019 and has built a varied caseload advising clients on all issues arising from the breakdown of a marriage or a cohabiting relationship. He works with clients to find pragmatic solutions to issues concerning finances and children. James also has extensive experience in preparing and advising on pre and post nuptial agreements.

If you are looking to start divorce or dissolution proceedings in England and Wales then you should check whether the family courts have jurisdiction to issue these proceedings. If the Court does not have jurisdiction, it cannot hear your case and cannot make orders in relation to your marriage or civil partnership.

Jones Nickolds is a Tier 1 Legal 500 / Chambers & Partners boutique family law firm based in Beckenham and Chislehurst.

We currently have a vacancy for a junior solicitor with 1 - 4 years of post qualification experience.

To apply please email a covering letter and CV to Sharon.Eagle@jonesnickolds.co.uk

Jones Nickolds is a Tier 1 Legal 500 / Chambers & Partners boutique family law firm based in Beckenham and Chislehurst.

We currently have a vacancy for an accounts clerk.

To apply please email a covering letter and CV to Sharon.Eagle@jonesnickolds.co.uk

Section 91(14) of the Children Act 1989 allows the court to order that further applications in relation to a child or children may not be made without permission from the court. A section 91(14) order may be made on the application of either party or on the court’s own motion.

One of the key principles of achieving an amicable separation is to try, where possible, to separate out the emotional baggage which is part and parcel of building a life with another person. Often that is easier said than done. Increasingly, the family law world is learning to deal with people for whom pets form a core part of the discussions.

Family Mediation Week is run by the Family Mediation Council.  This year it takes place between 16-20 January. Its’ purpose is to raise awareness of family mediation and the benefits it can bring to separating families.

What is good divorce week?

Every year during Good Divorce Week Resolution for Family Law, a community of more than 6,500 family justice professionals, launches a campaign on a particular family law matter or issue with a focus on limiting conflict and helping families resolve matters as amicably as possible and in the best interests of any children involved.

We are very pleased to have been named as one of the 2022 eprivateclient top family law firms.

This is further recognition of the strength and depth of our team and we are immensely proud of all our family lawyers who provide a dedicated service for our clients.

In the specialist rankings for Kent, Surrey and Sussex Jones Nickolds has maintained its coveted Tier 1 ranking in the Legal 500 2023 guide.