Matrimonial Archives - Berlad Graham

Christine McNeish, Berlad Graham’s expert in matrimonial and equine law based around Shropshire and the West Midlands as the key note speaker today for Access to Business AND got everyone smiling

Sep 26, 2017 | Articles, News

The risk of Cohabiting

Sep 5, 2017 | Articles, News

Unmarried couples in the UK are defined as cohabitants. It is estimated by the Office National Statistics (2011) that 2.9 million couples live in the UK as cohabitants and by 2021 the number is expected to double. English courts deal with three different matrimonial aspects; divorce, children and finance. Divorce – As cohabitation relationship is informal, no legal procedure is required in order to formally bring the relationship to an end. Children – As applications under the Children Act are governed by parental responsibility and/or contact/care of the child, being unmarried has no effect on such applications. Finance – In terms of finance, the position is totally different. Married couples can determine their financial affairs in court where decisions are governed by the Matrimonial Causes Act 1973, and in particular section 25 factors. The courts have power to award: Spousal maintenance/maintenance pending suit Periodical payments order Secured provision order Lump sum order Property adjustment order Pension sharing/attachment orders In contrast, the legal financial position of informal cohabitants is dealt with by reference to distinct statutory means depending on the issues concerning. Cohabitants rarely enjoy the same rights married couples have. Instead they must rely upon equitable doctrines such as proprietary […]

Are you “Stellar” and should you retain more of your money in a divorce?

Dec 20, 2016 | Articles, News

It’s Christmas and I know I should be shopping for presents and thinking about Christmas lunch but for a Family Solicitor exciting things are happening in court. For example…The press have just reported the case of Randy Work and Mandy Gray whereby the multi-millionaire Mr Work was ordered to hand over half his fortune to his wife. The parties had been married a long time and the Judge decided both had equally contributed to the marriage so the assets should be divided equally. The husband has appealed on the ground that it was he who created all the wealth so his wife should not be entitled to a half-share. The court has granted permission for him to appeal so watch this space. If he is to succeed he will need to show that in creating the family’s wealth his contribution was “Stellar”. This means he needs to show he was so much more than just an astute businessman. The court will need to fine tune the interpretation of what is a ”Stellar” contribution and that may have implications for many self-made millionaires. Are you concerned about what you might ‘walk away with’ after your financial settlement? Do you feel you […]

What price for peace of mind?

Sep 28, 2016 | Articles

The writer of a recent article I’ve read pointed out that as we are all living longer the tendency is for us to marry or enter into civil partnerships more than once and indeed marry in our more mature years. It suggested that we all wanted the security of marriage to avoid any difficulties, with, for example a partner being excluded from our bedside by our next of kin if taken into hospital. This posed a question as to how to protect assets accumulated over the years for the benefit of your children from a previous relationship without excluding the current spouse. The article suggested that by entering into a Pre-Nuptial Agreement and making a Will you could achieve that security. So far the advice was sound but the writer then went on to suggest that this security can only be bought at a price and that price was high!! They quoted up to £20,000 for a Pre-Nuptial Agreement and an average of around £5,000. Certainly, if you have vast wealth which included offshore trusts then you will be looking at the higher figure but for the majority this work can be done for a modest fee. But what price for […]

From the love of horses to the love of law

Mar 15, 2016 | Articles

Anyone who knows me will know that I have a passion for horses. From an early age I was drawn to their strength , kindness and beauty. My particular interest lies with a rare breed of Arab horse from Bahrain. The breed originated from the centuries old desert war horse and remains unchanged. It combines strength and bravery with calmness and loyalty. I am a member of the World Arabian Horse Organisation and am looking forward to their conference next year in Bahrain where, as a guest of His Highness King Hamad, a privileged visit to the Royal stud is on the agenda. It will be a chance to view these horses which are living history. I am very fortunate in that I can combine my love of horses with my interest in the law as I offer advice on all equine legal matters. My cases can be interesting and challenging ranging from advice when a horse does not fit the description, once you get him home, to loan agreements and advice on setting up a livery yard. My work can also cover who you leave your horse to in your Will and what to do with your horse if […]

Christine McNeish – Matrimonial and Family Law expert

Mar 9, 2016 | Articles

Christine McNeish is a Matrimonial and Family Law expert having acted for clients for over 20 years. She is a member of Resolution, the organisation for Family Law Solicitors who are committed to achieving the best possible results for their clients in the best possible way. Christine always focuses on delivering that exceptional customer service clients need when going through the trauma of a divorce, particularly when sorting out the children and financial aspects and does so in a caring and sympathetic way.

Ipswich Building Society pave the way in divorce

Jan 26, 2016 | Articles

When a relationship breaks down the emphasis at the beginning is generally emotionally driven with both parties trying to come to terms with the breakdown. It is often a shock when dividing the assets that your living standards may drop significantly. Many turn to the well-known institutional lenders to borrow as much as possible to enable them to improve their financial situation. Until recently the well-known lenders have been reluctant to include all income in their calculations and what they would be prepared to lend you. For example maintenance may not be taken into account. This omission can have far reaching implications on the future. Happily things are changing with the Ipswich Building Society paving the way and agreeing to include maintenance payments in a mortgage calculation. The only caveat to that is the any payments must be recorded in court order. This is only one reason why you should see a solicitor as soon as your relationship breaks down; you will be given sound advice which is focused on achieving the best possible outcome for you, which may mean the difference between living frugally and living comfortably. Call Christine McNeish now and discuss your specific circumstances; Christine’s advice may […]

As well as her expertise in Matrimonial and Family Law…

Jan 11, 2016 | Articles

As well as her expertise in Matrimonial and Family Law, Christine McNeish is a keen horsewoman having owned and ridden horses for many years. Christine has joined the Berlad Graham LLP team of Consultants at the beginning of January 2016.