I’m getting a divorce – Will I get support from my employer?

Posted on 14th September 2023 by McAlister Family Law

I’m getting a divorce – Will I get support from my employer?

Going through a divorce is undoubtedly one of the most difficult things a person can experience. Going through a divorce whilst also working however can seem an impossible task. Here, Weronika Husejko looks at the pressure on divorcing couples and explores how employers are providing support to their divorcing employees.

Most people suffer from an extreme amount of stress when separating from their spouse, the breakdown of the marriage being a significant change to their life. In addition to coping with the emotional side of the break-up, spouses must also deal with the practical side, to formalise the separation, which can be overwhelming.

The majority of separating spouses have financial ties, such as jointly owned property, which will need to be divided. One of the toughest parts of a divorce is usually when the couple must make a decision as to how these assets should be divided, particularly in cases where there are not enough to meet both spouses’ needs.

Dealing with these types of financial matters upon separation is challenging and emotionally draining, particularly for those who end up in Court proceedings, due to their time consuming and costly nature. For example, those in Court proceedings are usually required to comply with several Court directions, including attending Court hearings, which is a stressful experience in itself.

A divorce is therefore very demanding and as a result, it is not uncommon for employees experiencing a marital breakdown to feel torn between their job and their divorce, this often having a detrimental effect on their mental health. Historically speaking this has been something which most employees have unfortunately been expected to endure.

The BBC have however recently reported that some companies are beginning to introduce and build policies which are intended to help their employees in navigating a divorce.

By way of example, some companies are offering benefits such as: –

Paid time off to attend things such as solicitors’ meetings or mediation.
Flexible working arrangements
Access to emotional and mental health support
Access to legal advice

There are also organisations in the UK which are trying to promote more family-friendly policies like those mentioned above to help those going through the breakdown of a relationship. For example, the Positive Parenting Alliance have called for a separation to be recognised as a ‘life event’ by employers in HR policies and have also suggested that employees going through a separation should be offered support by way of counselling if needed.

Tesco is one of the first large companies in the UK to provide their employees with this type of support, as recommended by the Positive Parenting Alliance.

In summary, whether you get any support from your employer during your divorce will be dependent upon their specific company policy, so you may wish to consider speaking to your HR department about the options available to you.

It does seem that there is a shift happening with more companies recognising the difficulties involved in a marital breakdown. In my view, this is a positive shift which also demonstrates an increasing awareness of the importance of mental health generally, which will hopefully result in more people receiving the support they need during what is a very difficult time.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Are pre-nuptial agreements only for the rich and famous?

Posted on 31st August 2023 by McAlister Family Law

Are pre-nuptial agreements only for the rich and famous?

As seen with the ongoing separation of Hollywood star Kevin Costner, pre-nuptial agreements are often considered something that is limited to the super-wealthy or the Hollywood Hills. McAlister Family Law Associate, Aaron Williams, aims to shed light on what prenuptial agreements entail and whether they hold legal weight in the United Kingdom.

Prenuptial agreements, often referred to as “prenups,” are legal documents that couples enter into before marriage or civil partnership to outline the division of assets and financial responsibilities in the event of separation or divorce. A prenuptial agreement is a legally binding contract that helps couples establish financial boundaries and protect their assets in the event of a relationship breakdown. Although these agreements are more commonly associated with high-net-worth individuals, they can benefit any couple looking to safeguard their financial interests.

The primary purpose of a prenup is to provide clarity and certainty regarding the division of assets, debts, and other financial matters. It allows couples to determine how their property, investments, inheritances, and business interests will be divided in the event of separation or divorce. Prenuptial agreements can also address issues such as spousal support and the allocation of debts, providing a comprehensive framework for resolving potential disputes. Prenuptial agreements are legally recognized in the United Kingdom, but their enforceability is subject to the discretion of the courts. While they are not automatically binding, they carry significant weight if certain conditions are met.

To ensure the enforceability of a prenuptial agreement, it must be entered into willingly, with both parties having received independent legal advice and provided full financial disclosure. The agreement should also be fair and reasonable at the time it is made, taking into consideration the future needs of both parties and any children involved. It is important to note that the courts retain the power to depart from the terms of a prenuptial agreement if they deem it unfair in the circumstances. Factors such as the length of the marriage, the welfare of any children, and significant changes in the parties’ financial situations may be considered when determining the enforceability of a prenup.

Prenuptial agreements offer couples a valuable tool for establishing financial arrangements and protecting their assets in case of a relationship breakdown. While not automatically binding in the U.K., a well-drafted and fair prenup, entered into with full disclosure and legal advice, can carry significant weight in court proceedings.

Do people go into marriage with their eyes wide open?

Posted on 9th March 2023 by McAlister Family Law

Do people go into marriage with their eyes wide open?

When people get married, it’s a whirlwind of romance, excitement and planning the big day. The average modern wedding takes about 11 months to plan, over 528 hours (22 whole days). But how much do the to-be-weds understand about the legal and financial implications of marriage? Here, Frances Bentley looks at how couples can go into marriage with their eyes wide open.

Being in the process of planning my own wedding, I can certainly believe the amount of time that goes into it. It is hard not to get swept up in planning the actual wedding day, and sometimes there is a much lesser focus on what marriage actually means after the big day.

As a divorce lawyer, when clients come to me, they say that they did not understand or appreciate the legal and financial implications of marriage when going into it. It begs the question as to whether there should be more education about it before people get married.

It might seem obvious that marriage means a sharing of each other’s lives, hopefully forever, so maybe it isn’t needed. However, if things don’t work out, a lot of people don’t often understand what would actually happen to their finances on divorce. Maybe it isn’t the most romantic thing to think or talk about before you get married, but actually understanding and knowing the implications might mean that people are going into marriage with their eyes open.

I think it is really healthy to have that conversation and so people know where they stand. In my view, it doesn’t undermine the fact that the plan is to stay together forever, and of course that is what the aim is. I actually think it is a bit of a red flag if your future spouse reacts badly to that conversation.

So how can you protect yourself financially if you are getting married?

One way that couples that are to be married can protect their financial position in the event of a future separation is to enter into a pre-nuptial agreement (or a post nuptial agreement if they are already married).

Nuptial agreements can detail what is going to happen with finances in the event of future divorce and whether, for example, one person’s inheritance, or assets brought into the marriage are to be “ringfenced” from any future division of assets on divorce. It allows both people entering into the marriage with knowledge of the other’s financial position and some clarity.

Whilst nuptial agreements are not technically legally binding in England and Wales, they are being upheld much more by the courts and are persuasive, as long as they have been entered into procedurally correctly, both parties have taken legal advice, and are considered to be “fair” to both parties. They can also be reviewed throughout the marriage to take into account any changes in circumstances and ensure that they remain to be “fair”.

On a divorce, the starting point legally or finances is a 50/50 division of all assets. The court would then look at whether or not that is fair, and whether there should be a departure from that starting point, taking into account a number of factors. The factors include what the parties or any children “need” financially, what contributions have been made prior to, during and after the marriage, the standard of living enjoyed amongst other factors, one being whether there has been any pre-nuptial agreement entered into and whether that should be upheld.

The court will look at what is fair and reasonable, in all of the circumstances of the case, and if, the pre-nuptial agreement remains to be fair and reasonable, it is very likely to be upheld and assets brought into the marriage are likely to be protected. It does therefore offer protection and clarity and an understanding of the other person’s financial position before the marriage.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

After we’ve divorced, who gets the dog?

Posted on 30th November 2022 by McAlister Family Law

After we’ve divorced, who gets the dog?

From puppies to parakeets, cats to chameleons and everything in between; we are a nation of animal lovers and often the family pet is a valued and beloved member of that family. But what happens to your pets after divorce? Here, Brigid O’Malley looks at PetNups and what the court could decide.

PDSA’s 2022 findings show that 52% of UK adults own a pet. There is an estimated population of 10.2 million pet dogs and 11.1 million pet cats[1] in the UK! So, what happens when your relationship or marriage breaks down… who gets the dog?

Despite millions of us owning pets and them likely being an extremely loved and important part of the family, a pet, in the eyes of the law in England and Wales, is treated in the same way as your jewellery, TV, car and sofas! They are personal belongings – “Chattels”.

This can be a really difficult issue to advise about as animals are a significant part of family life and today’s society. They are often adored by adults and children making disputes over their ownership a sensitive subject.

We can’t agree who keeps the pets – what do we do?

Like with other issues following your separation it is sensible to try and agree with your ex-partner who keeps specific items, pets included. This can, of course, be hard and at times confrontational, but at the end of the day if an agreement can be reached between you it will likely save you the stress, time and legal costs later down the line.

If you can’t agree between yourselves then you could attend mediation to engage in discussions with your ex-partner in a safe and controlled environment, with a qualified mediator to assist you.

Court proceedings are a last resort, but they remain an option. If an agreement cannot be reached it is possible to make a court application for financial remedy as part of your divorce. The Court will consider a set of factors (from s25 of the Matrimonial Causes Act 1973) to determine a fair division of matrimonial assets. The Court can be requested to determine ownership of pets within that but, in practice, this is rare unless the animal has a high monetary valuable such as a thoroughbred racehorse or a pedigree Crufts prize winning dog. Of course, if your pets are very valuable then their value may be considered in the asset pot for division.

The Court can order the transfer of ownership of a pet as part of the proceedings, even if they have no monetary value. The close bond between the parties, any children and their pet would be relevant if the Court was invited to determine the issue of ownership.

If you are not married, then it is likely the pet(s) will stay with whoever is the registered legal owner but it may be possible to make an application to determine ownership through the Small Claims Court – this would be a civil dispute rather than a family one.

When makings its decision, the Court is likely to consider factors such as who is the registered legal owner, who is named on the insurance policy, who is registered with the vet and who generally pays for the care of the animal. Courts in other countries are moving towards an approach where the animal’s welfare is at the heart of the decision making. The Courts in England & Wales may take this into account, but the best interest of the pet is not the primary factor here, the animal is treated as a chattel.

I’ve heard of a “PetNup” – Can I get one of those?

A “PetNup” is an agreement regarding the ownership of a pet and can detail who the pet will live with if the relationship breaks down. It can also cover things like who will pay the costs associated with the animal such as vets’ bills and insurance premiums. A PetNup is not legally binding in the Courts of England and Wales but its contents, if well drafted, carefully considered and entered into without duress could carry significant weight if there was a dispute later down the line.

It would be sensible to consider entering into a prenuptial agreement prior to marriage or a cohabitation agreement when you move in with someone to ensure the ownership of your pets has been discussed and agreed in the event of the relationship coming to an end. A prenuptial agreement or cohabitation agreement can also set out the arrangements for the family finances and child arrangements so it can be a really useful document.

If you are facing a dispute about your cherished pet and want some advice, then contact our team of family experts who can advise you further.

[1] https://www.pdsa.org.uk/what-we-do/pdsa-animal-wellbeing-report/uk-pet-populations-of-dogs-cats-and-rabbits#:~:text=Our%202022%20findings%20showed%20that,of%2010.2%20million%20pet%20dogs