Despite allegations of aged old paternalism, courts are increasingly turning to empowerment of the litigants to reach an agreement themselves, reducing the need for costly and time-consuming final hearings. In my experience, when it comes to pre-nuptial agreements and parenting plans, parties are unlikely to reach an agreement without prompting from their solicitors.
Parenting plans
A parenting plan is a menu of conversation prompts designed to enable parents to discuss all aspects of their children’s’ lives, both current and future, and can be disclosed to the court in the event of a dispute. It is designed to pre-empt disagreements and multiple court applications, and covers everything from schooling, to the introduction of new partners. A helpful leaflet and template is provided by Cafcass (Children and Family Court Advisory and Support Service); you can find out more about parenting plans on our website here.
Pre-nuptial agreements
Unlike in the United States of America, pre-nuptial agreements are not fully binding. The court, however, should give effect to one if it is freely entered into by both parties, who are fully appreciating of its implications and unless the circumstances prevailing it are deemed fair if they were held. Essentially, if both parties take legal advice and make full disclosure, and there are no procedural irregularities, a court will endorse the agreement. Both parties should take legal advice well before the marriage ceremony to avoid legal issues, such as the perception of undue influence and the practical realities of actually getting it all done thoroughly and correctly.
For further information
To find out more about how Anthony Collins Solicitors can support you through with parenting plans or pre-nuptial agreements, please contact Elizabeth Wyatt.
Latest news
Anthony Collins statement following Legal Aid Agency data breach
This data breach solely affects the Legal Aid Agency and is not connected to Anthony Collins. Further details and official updates can be found on the Government’s website. According to […]
Monday 19 May 2025
Read moreAnthony Collins ushers in Spring with a series of promotions
Social purpose law firm, Anthony Collins, announces 13 promotions and three lateral moves across the business, from partner level through to associate and across its business support teams.
Friday 9 May 2025
Read moreLatest webinars and podcasts
Podcast: Service charge and estate charge for registered providers
In this episode, Penny Bournes and Emma Lloyd examine how the Leasehold and Freehold Reform Act 2024 will impact private registered providers, particularly in terms of service charge administration, cost […]
Wednesday 19 March 2025
Read morePodcast: Service charge and estate charge for local authorities
In this episode, Penny Bournes and Emma Lloyd examine how the Leasehold and Freehold Reform Act 2024 will impact local authority landlords, specifically regarding service charges and estate management charges. […]
Monday 3 March 2025
Read more