These agreements are usually considered by people who have complicated finances to consider in advance of marriage. Or, for couples who have been married before and gone through a divorce there seems to be a rise in popularity of getting certain agreements ironed out before the next union takes place.
While these types of agreements are fairly “new” in the eyes of British law, they are becoming much more common. However, it must be understood that unlike many other European countries and most of the US, a pre-nuptial agreement is not legally binding and can often be superseded by divorce law.
This does not mean that such agreements are useless. Over the years, increasing weight is being given to the validity of pre-nuptial agreements and since a landmark case in 2010 (Rachmacher v. Granatino) UK courts will now uphold terms of a pre-nuptial agreement which was freely entered upon by both parties.
Unless it would clearly be unfair to uphold it, UK courts are now far more likely to uphold them. This is good news for those who want to get a pre-nuptial agreement made before marriage as it is now viewed that any kind of marital agreement (including prenuptial agreements, postnuptial agreements and separation agreements) could be upheld unless the agreement is found to be unfair at the time the marriage breaks down.
It should be understood, however, that no pre-nuptial agreement will ever override decisions to be made in a divorce where the financial stability of any children involved.
Whether you are the financially weaker or stronger partner, or whether you have modest or large assets involved, we can advise you on steps which can be taken for your pre-nuptial agreement. If you are the financially strong partner and wish to ensure some protection for yourself in the unhappy event that your relationship breaks down, we will be able to assist in ensuring steps are taken to strengthen any chances you have for protecting your assets and ensuring your pre-nuptial agreement is upheld.
The main thing to bear in mind when considering making these types of agreements is that they need to made with both parties being fully in agreement and with full disclosure and willingness on both sides. We recommend that you seek our advice as early as possible to ensure that independent advice can be taken well in advance of your actual marriage.
There are quite a few options for different types of agreements which can be put into place for couples who want to determine certain outcomes in the event of the breakdown of a relationship.
While it can seem completely unromantic and probably the last thing on the minds of couples in love, it is a definite fact that agreements put in place in advance of marriage or cohabitation is on the rise.
While divorce is at its highest in 30 years, marriage rates are at their lowest since records began. This set of statistics is the reason behind a proportional rise in the number of applications made to put certain agreements into place in advance of cohabitation or marriage.
These agreements are very similar in nature to those formed before a union takes place. recent reports from the Law Commission suggest that post-nup agreements will be treated in much the same was as pre-nuptial ones. Your best bet here is to contact us as soon as you feel you want to make such agreements and we will asses what needs to be done.
Legal rules and the rights of unmarried couples are very different from those for married couples. The urban myth is strong that once a couple have lived together as “man and wife” for a certain period of time that their rights and status as a couple become the same as for a married couple. This is not the case.
If you are planning to move in with someone and live as though you have legally entered into marriage or a civil partnership then you may want to consider getting Cohabitation agreements drawn up if you do not plan to marry, particularly if you want to have children together and share finances. we can help with sorting out what kinds of agreements you should put in place.
I approached Brendan Fleming because my previous solicitor was losing my case. Brendan kindly took the case on and since that day I have felt like a heavy weight has been lifted from my shoulders. He gave me hope that my children would be returned home and has been nothing but the complete professional. He has travelled from Birmingham to the South Coast to represent us and I totally understand why so many people recommend Brendan Fleming: he truly is one of the nice guys. I would recommend Brendan Fleming to anyone going through the situation that we have. Our whole family are eternally grateful to Brendan, what a guy!!
I just want to say thank you very much for everything you have done for me and my on. And I will definitely contact you again when the time comes. Eva, Smethwick I would like to thank your good self for the good work that you have done over the last few days, as you are the best of the best. I am very lucky to have had someone as good as you. Thank you so much. I will be recommending you to anyone that needs the help that you have given me and my family. To you and Brendan Fleming, thanks again. I know I got the best help from you. I would like to thank everyone that has worked on my kids’ case and for all the good work that you have all put into this case; specifically, Jack, who has done a lot over the last twelve months, both in person and by phone. I know you have done all you could for my family. You will never be forgotten. I would recommend you to anyone. You are the best in Birmingham.
I felt I was in a desperate situation and was really pleased that I was able to be seen straight away. All my questions were answered. I also felt reassured and that I had been given my self-belief back. “The prices at the Brendan Fleming Solicitors are very competitive. Usually solicitors can be quite intimidating but Brendan was very friendly. Craig Brendan Fleming Solicitors is absolutely brilliant, so much better than I could have expected. The support is fantastic, you are always kept informed and you really cannot fault them. Every member of staff gives a fantastic service. I have been thrilled with everyone. I would definitely recommend them. Charlotte I didn’t know what to expect as I have never dealt with a solicitor before. I found the service very professional and polite. Brendan Fleming Solicitors has ticked all the boxes so far.
After an appalling decision by the mediation and being badly let down by the solicitor representing me, I thought everyone was against me. I felt so low. Nobody cared. “Then a friend of mine told me about Brendan Fleming Solicitors, so I made an appointment. At the first point of call I met Brendan: he was very professional, reassuring and confident. He made me feel very welcome. He guided me through the process. First class service. I feel as if I can now move forward with confidence, now knowing, at last, that I have someone to back me up with my case. Thank god. I’ve had the first night’s good sleep in two months. Thanks again.”
Brendan fought extremely hard for my daughter; she would have been very proud of him had she been there in the court room: any child would be proud of they way he fought. Children everywhere should know what he did for my daughter. I had two previous solicitors, neither of whom fought for me; but Brendan did. Firstly, he believed in me when other solicitors didn’t; but secondly, he fought so hard on my behalf. He looked into my case and spotted vital things that the experts had missed. He fought with sheer hard work and determination. I have never seen a better family lawyer in my life and can’t thank him enough. I couldn’t have had anyone better and I would recommend him to every mother. This is more than just a job to him. I can’t get over it. All I can say is that he is an angel from Heaven.
We have been exchanging e-mails with Denise Robertson from TV’s This Morning, who holds Brendan Fleming in the highest esteem. We sent several e-mails telling her of our situation with our 3 children being taken into foster care. She was very supportive & understanding of our circumstances. As a result of Denise’s help, Brendan took on our case at a very late stage, when no other solicitors were willing to proceed with matters further and for that we cannot thank him enough.
I am very pleased with Brendan. He doesn’t fail you at all. You walk out of there more than happy. I am quite a nervous person but, with the way that Brendan is, I always feels so more assured.” Gemma was brilliant as well.
I have had my 5 children removed from me. The day I came to Brendan Flemings for help, I passed out outside the office. I was in a very dark place and felt that suicide was my only answer. Today, because you listened to me, because you believed in me and because you supported me, I am now a far cry from the woman who first walked into your office. I have a positive outlook and I am thinking in terms of ‘when I have my children back. I know I have a fight in front of me but now I know I have someone in my corner who believes in me, which makes all the difference.
I watched the video of Brendan at the Stop Forced Adoption conference and thought ‘I want him to be my solicitor.’ After the appointment with Brendan, I felt like a weight had been lifted from my shoulders.
More was done in one appointment with Brendan than my previous solicitors did in nine.
After being plunged into what can only be described as the most traumatic situation an innocent mother can experience, I made a call to Brendan Fleming solicitors. It turned out to be the best call I ever made. I was overwhelmed by the kind and friendly attitude of Sue Hayes who handled my call at a most unsociable hour and who gave me very practical advice at a time when I was highly emotional and not thinking straight. She gave me the strength to fight against a very confusing system and to get my daughter home where she belonged. Brendan Flemings were my solicitors from 1987 until 2001 and I couldn’t have wished for a more pro-active, professional team. Brendan himself was so reassuring during what was often a very stressful time of my life. My sincere thanks to him and all of his team. I have children who are, in the main, happy and well-balanced, now with children of their own. I am proud of them all and none of it would have been possible without you. Thank you.
I went to Brendan Fleming on the recommendation of a friend and I wasn’t disappointed in my choice. I met with Annette Woodall and she talked me through all the costs of what a divorce could be which can be a little intimidating at first. Then I left it too her and she done all the work necessary to complete my divorce whilst managing to keep the cost down too less than £900! You hear a lot of stories about high solicitors charges but Annette got me a great result while avoiding to break the bank!
I was recommended to Annette by a family friend who had previously worked alongside her and highly regards her and her work. From the first meeting, I felt extremely comfortable dealing with Annette and appointed her immediately. Her no nonsense, matter of fact and down to earth approach was refreshing as was her wealth of experience. I had previously met a couple of other solicitors to enquire about handling my divorce, but none of them made me feel as at ease as Annette did. Her no nonsense approach was extremely reassuring particularly when I had to deal some demands my ex-husband made after mediation had taken place and the financial arrangement signed. She was able to advise me and reassure me – it was great to have someone who was ‘on my side’.
I feel confident that I will be able to get the result that I want with Jennifer as my solicitor. The case is going well and I am always kept up to date with what’s going on. The advice given is fine.
I am very pleased with the service. I have no complaints. I am very happy with Annette.
I was very pleased with the service I received from both Annette and Brian. They were both efficient and were good at putting me at ease. Brendan was also very efficient and pleasant in his manner.
Annette has helped me in my divorce over a period of one year. She is really professional and I am very confident in her. She is very straightforward in her explanations, always making things clear, even though it is a very complicated divorce. I am given the best advice at all times and I am really happy with her service.
Annette was brilliant, she talked through everything. She said that obviously divorces are very daunting and scary but Annette always talks things through and makes sure that I understood what was happening and has always been amazing throughout the process. I always felt fully updated and loved the fact that anything which didn’t make sense to me or which I didn’t understand was explained.
I was recommended to Annette at Brendan Fleming by a colleague as I was seeking an expert in legal divorce proceedings. Annette and her team provided an excellent service throughout the process. They were always responsive and pro-active but most importantly sensitive to my requirements and very practical and objective in their guidance and support. I would certainly recommend Annette and her firm to anybody seeking a professional and yet personal service.
Annette Woodall proved to be invaluable in my recent family disputes she was experienced , dedicated and understanding, I felt even though she was under pressure from the other side , Annette kept her cool and pressed ahead in a professional and reliable way I would highly recommend Annette’s services to anybody who has had the unfortunate twist of fate and who find themselves needing representation in the Family courts , I can not praise her enough and remain eternally grateful that I was represented by somebody who gets the job done.
I would like to take this opportunity to say a huge thank you Salvia, for all of your efforts. You were very understanding, empathetic and non-judgmental regarding my situation and handled the case very well. I would definitely recommend Brendan Fleming Solicitors to anyone looking to be represented by a high-quality professional service.
I was first attracted to Brendan Fleming by their philosophy of non-confrontation in divorce and a conciliatory approach as described on their website – and goodness knows divorce is a stressful process – so I found this rather appealing. Annette Woodall represented me and I cannot praise her highly enough. She epitomises the Company’s values and I found her to be both rigorous and hardworking in helping achieve a workable and realistic outcome. She was always the consummate professional, exploring all angles and making sure nothing was overlooked and never baulked at going that extra mile. Annette also showed great compassion and humour that helped me retain my sanity in the divorce process. I would not hesitate to recommend Annette as a highly skilled, personable and professional divorce advocate.
I would like to say a big thank you to Brendan Fleming Solicitors and especially Charley Kelly for all the help and support over the last three years. I first contacted Brendan Fleming Solicitors in 2013 when the local authority were seeking removal of our son. Charley Kelly is great, she gave us great support she’s there day and night she has done all the statements attending court always there when we need to ask advice she never judges she tells us the truth she never hides anything she thought for a year with us to get our son home we have now had him home for two years on a care order plus parent reg now the local authority are trying yet again to remove our son and we have yet again turned to Brendan Fleming Solicitors as we know from experience this firm is 100% about keeping children with their families.
Your company has helped me out so much and I’d come back again again and again. I am so grateful to everyone who has helped me out with my case…and I am so glad that Charley Kelly ain`t leaving cuz she is really good at her job
Without your support and fantastic knowledge into the care system etc and doing all the ‘behind the scenes’ work to fight for me and my children I wouldn’t be here in a better place. I’ll always be grateful to you and Mr Pearce.
My husband and I appreciate all the support and hard work very much that both Dawn and Gemma gave us during what has been the most traumatic experience of our lives to date. It will never be forgotten…. Despite never being directly accused of anything ourselves, we have had two of our children removed and in some way still feel as though we are guilty until proven innocent. It has been hard to comprehend. Perhaps I could give credit to your organization for being ‘that listening ear at a time in need,’ being readily available at all hours, going above and beyond the call of duty and supporting us. At times, I’ve been sick of the sound of my own voice; God only knows how Dawn and Gemma must feel. They are a credit to your business, representatives to be proud of and they never fail to impress. A genuine thank you from us both.”
Dawn, I can’t find the words to express how I feel about what you have done for my family. I can’t thank you enough. If only I knew than what I know now: that the most important thing is to have a good solicitor. And you are the best: I never would have got my boys back if it weren’t for you. I have learned so much in the short space of time in which you represented me. Thank you till the end of the numbers.
You have done so much for me and been there whenever I needed to speak. I have included a picture of my daughter which you can keep if you like as reminder of how happy you have made her mummy and how happy I am that I decided to go with your firm. Thank you so much, Dawn. There will never be enough I can do to repay you.
I get on really well with Dawn; she will help me whatever the problem. We meet up every week. Her work is brilliant: I feel so much more support than I did from my previous solicitors. I’d definitely recommend her for employee of the week; she is a great solicitor.
Dawn is absolutely wonderful. I wish we had gone with her from the start. Compared to her, our previous solicitors were ‘professional losers.’ I would definitely support an application for Dawn to be made employee of the week – she deserves it.
Dawn is absolutely fantastic. I would never have got so far without her and now I am really close to getting my daughter back. I would not be where I am now without Dawn and Brendan. Dawn works every hour God sends to help your case. I keep recommending them to other people in my situation. Keep up the good work!
Dawn is truly a wonderful person, she has gone the extra mile for me and my children; she is always at the end of the phone, anytime of day or night; and has worked relentlessly to get my children back home to me. She always made me feel hopeful and is a complete professional and warm human being. Dawn arranged an Independent Social Worker Assessment which was in our favour, for which I cannot thank her enough. I know that it is only due to Dawn and Brendan, along with the work that we have done as a family, that my children are coming home. I am so happy!!
I am so confident in Dawn and Brendan. Every day I speak to them, I believe more and more that, one day soon, my daughter will be back home with me. They are very passionate about their jobs and I would recommend them to anyone as solicitors. I owe them so much already. They are fantastic.
At the appointment excellent advice was given and I am really happy with the service so far. Charlotte is dealing with my case and she is really helpful.
Thank you for believing me, the advice and support you gave me has meant that L-M gets to stay in my care. She means everything to me, you have changed our lives forever.
Thank you for all your help, I kept my son because of you. I will never forget that.
I just wanted to email to say thank you for the support. I have absolutely no doubt that if I had gone to a different firm or had a different solicitor, my child would not have come home to me. I am so grateful that you listened to me. I know there were some difficult conversations but I fully accept that they needed to take place. Your advice was spot on. I cannot recommend you highly enough!! Michaela is and was wonderful. Thank you always and forever.
I could not have done this without Michaela, she has undertaken so much work and progressed this case, it has not only helped me but the children so much, I could not be more happy with how I have been represented. Michaela has always kept me informed and explained the law and the process in a way that I understand. I would have no hesitation in instructing Michaela again in any other family matter and I would highly recommend her and the firm to others. Michaela has gone above and beyond, because of her work the children are now placed in my care.
Michaela Beale is an exceptional solicitor and were a member of my family to require the services of a lawyer in a care case, I would recommend her as a ‘go to’ representative. From the work I have done with her, it is clear that she is consistently practical and proactive. When challenging a local authority in a case, this robust approach is vital in ensuring that the clients position is optimised. Michaela’s judgement in proceedings is unparalleled and she always manages to combine efficient professionalism with a human touch.
My experience of working with Michaela has been absolutely positive. She keeps me up to date and responds quickly to my enquiries and requests. She is easy to work with and very courteous. It great working with her.
Michaela is really great. She is helpful and supportive and was there when I needed her. She did a great job.
Michaela is really good, helpful and very friendly. She has given me an excellent service and I would definitely recommend her to others.
Thanks to you and your team for all of your help: you are the best solicitor I have ever had!
Vicky and Michaela are very good and helpful. They always come back quickly with information I have requested and they are very accommodating to me.
Michaela was brilliant, she was absolutely fantastic and was a good sport who gave 100%. She was very helpful and explained things very well. My son has learning difficulties and Michaela explained things so well to him that he understood everything. She was very helpful and did an excellent job. I would recommend Brendan Fleming Solicitors straight away.
Three years ago I would have never have dreamed that I would have all three children in my care. Michaela did an excellent job and managed to keep the children in my care. My advice is always listen to your solicitor. That’s what I did. 99% of the time Michaela was right; but if she said something that I didn’t agree with, we sat down, got our heads together and came up with a different solution. I have all three children in my care because I listened to my solicitor. I would definitely recommend Brendan Fleming Solicitors as firm; but in particular I would recommend Michaela as a solicitor and Ed Pearce in the Court.
I would like to say a big thank you to Brendan Fleming Solicitors and especially Charley Kelly for all the help and support over the last three years I first contacted Brenden Fleming solicitors in 2013 when the local authority was seeking removal of our son. Charley Kelly is great she gave us great support she’s there day and night she has done all the statements attending court always there when we need to ask advice, she never judges, she tells us the truth she never hides anything. Charley fought for a year with us to get our son home we have now had him home for two years on a care order. Now the local authority are trying yet again to remove our son and we have yet again turned to Brendan Fleming Solicitors as we know from experience this firm is 100% about keeping children with their families.