Website Navigation Menu

Wigan Family Law Blog

Practical post-nuptial agreement information

Those of you in the Greater Manchester area who are considering making a post-nuptial agreement may be interested in some further information regarding this type of document. Although these are not legally binding in the United Kingdom, they can provide an insight into the intentions of the parties, and if your marriage comes to an end, Family Court will review the contents and take this into consideration when making its ruling regarding the division of assets.

A post-nuptial agreement is created at a time after a couple is married or has entered into a civil partnership and should be periodically revisited and updated to remain relevant to the changing circumstances of the couple. When the court is deciding on how assets should be divided, it will seek to make an arrangement that it considers to be fair at the time of the separation. It is, therefore, more likely to uphold the details of the agreement if you have kept it up to date.

Austerity cuts for victims of domestic violence

Many victims of domestic violence are not receiving the assistance that they need, according to campaigners, and the situation may worsen following government spending cuts. Manchester residents who have been through these types of situations are likely aware that abuse in the home is not just limited to physical aggression, but can include coercive behaviour and emotional manipulation. The very nature of this abuse makes it difficult for victims to seek aid, and when they do, the shortage of targeted services means that appropriate help is not always available.

The proposed government cap on housing benefits will directly affect the funding for shelters for domestic violence victims. More than 90 per cent of all the victims are women, and the organisation, Women's Aid, has carried out research that shows that 67 per cent of shelters may have to close unless they are made exempt from the proposals, a drastic statistic that the organisation says will have life-threatening implications for many victims seeking to escape from the violence in their homes.

Eddie the Eagle loses in divorce settlement

Michael Edwards, better known as Eddie the Eagle, is divorcing his wife after 13 years together. Moviegoers in the Greater Manchester area who saw the film based on his story might assume that his fame has allowed him to live a lavish lifestyle. But the 52-year-old former Olympian revealed that he has been reduced to living in a shed and eating sandwiches after the divorce settlement saw him lose almost all of his wealth.

He became famous in 1988 when he was took part in the Winter Olympics that were held in Canada. His lacklustre performance in ski jumping saw him come last in the competition, but it was his persistence and resolve that won him praise. The movie features Hollywood actor Hugh Jackman and tells the story of his battle. He signed the rights to his story 17 years ago, and when the film was released in March, he received £180,000.

Importance of parental responsibility

Parental responsibility is the legal right of adults to make decisions on behalf of a child in their care. When parents decide which school their child should attend or when a hospital asks them to sign a medical consent form prior to a procedure for their child, they are able to do this because they have parental responsibility. But couples in the Greater Manchester area should be aware that the legal responsibility for their child may change in the event of a divorce.

It is important that the person providing day-to-day care for a child has the legal right to make decisions on the child's behalf. A mother automatically receives parental responsibility when the child is born, but when the parent of a child remarries, the stepparent may also be entitled to this legal right. If all the parties who have parental responsibility agree, then the stepparent can also be given the responsibility. The other option is to request a Parental Responsibility Order from the court which will make its ruling based on what it considers is best for the child's welfare.

Custody woes for working mothers

Child maintenance figures from the Child Support Agency for Manchester and across the U.K. show that almost 67,000 mothers are recorded as being the non-resident parent after a separation, a number that has been on the increase. Traditionally, when a relationship has broken down, mothers have gained custody of the children while their husbands have been the non-resident parent. But this situation may be coming to an end as more women are pursuing successful careers in the workplace and taking on the role of the primary wage earner.

In child custody disputes, the court will make its decision based on what it deems is best for the child. This has often meant that the main caregiver has been granted custody, and now, with increasing numbers of husbands staying home to look after the children while their wives provide the household income, this has led to an increase in cases where the stay-at-home husbands have won custody.

Shared parenting is not necessarily an equal share

The introduction of a new bill that is aimed at enhancing the rights of children to stay in contact with both of their parents after a divorce may have raised unrealistic expectations, according to a retired judge. Parents in Manchester who are going through a divorce and who believe that the changes to the 1989 Children's Act will guarantee them equal access to their child should be aware that judges will still hand down rulings that they believe are in the best interests of the child.

The Shared Parenting Bill is the Government's proposal to ensure that, after a divorce, the parent who is not the main care giver of the child is still able to be involved in the child's life. Sanctions for failing to adhere to court orders can include the confiscation of documents such as passports or driving licences and even being subjected to movement restrictions, such as curfews. The bill has been criticised by a number of organisations, including the Law Society.

Sheik dies before making £75 million divorce payment

Residents in the Greater Manchester area who had been following the divorce battle between the former super model and her billionaire sheik ex-husband may be interested in the latest development after the ex-husband died before handing over the agreed settlement payment. The Saudi had been receiving medical care for terminal cancer in Zurich and passed away a few days before he was legally bound to make the divorce payment to his former spouse.

The billionaire had divorced her under Sharia law without her knowledge in 2014, and she has been battling to secure a divorce settlement in the Family Division of High Court in London for over three years. Their marriage had broken down in 2012 after her ex-husband had taken a young Lebanese model as his second wife. The High Court had ruled that his ex-wife should receive a needs-based divorce payment of £75 million, but the sheik died a week before the due date of the settlement.

Billionaire dies two weeks after ex-wife wins divorce award

A former supermodel's astounding £75m award by the U.K. high court in her divorce settlement may be delayed. The model, Christina Estrada, was married to a Saudi billionaire, Sheikh Walid Juffali. He passed away just two weeks after the court ordered him to pay the money to Estrada from cancer in Zurich, where he had been receiving treatment.

According to reports, if Juffali had succumbed before the high court had issued its final order, Estrada would not have received anything. Because Juffali's health had been rapidly failing, Estrada requested the court to move the hearing date up. Juffali was not present for the hearing as he was in Zurich receiving his cancer treatment.

£150,000 child maintenance demand refused by judge

The judge hearing a case in London's High Court has rejected the claim from the former spouse of a millionaire businessman for £150,000 in child maintenance. Parents in the Greater Manchester area may be aware that child maintenance is intended to help meet the costs of the day-to-day living expenses of the children. In this instance, the children's mother included the expense of hiring after school private tutors at a cost of £60,000 each year.

The judge awarded £70,000 in child support and noted that the children's mother was an advocate of the hothousing method of education. The extra financial support for after school private tutors that the mother was asking for would provide an intense regime of study to advance the children's education beyond the norm for their age. When making her ruling, the judge observed that, with their current study schedule, the couple's two teenagers were allowed very little time to enjoy their childhood and that the private tutors were not something that they needed.

Divorce row puts million-pound estate in jeopardy

Manchester couples undergoing separations may be interested in a divorce case that observers say is one of the most protracted in the nation's history. According to reports, an airline pilot who is currently married to his fourth wife is embroiled in a battle with his third spouse. At the heart of the disagreement lie the man's allegations that he's spent around two decades making support payments for his ex-wife's daughter. He believes the 18-year-old isn't his child even though the mother claims to possess DNA evidence to the contrary.

If news sources are accurate this case could result in court costs that deplete the pilot's fortune. The man argued that his ex-wife fraudulently switched the DNA samples and even denies that the signature on the daughter's birth certificate is actually his.