My
husband and I are getting divorced but we have already agreed that
the children should live with me, although he will see them on a
regular basis. Do we still need to get this formally approved by
the court?
No you don’t need to. The courts will only get involved if you
can’t agree on these issues, or if the child’s welfare is a matter
of serious concern. However, we would still strongly recommend that
you have your agreement put on a legal basis by getting a solicitor
to draw up a document setting everything out formally.
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My ex-partner and I are arguing about the level of
contact with our children. How can we sort this out?
The next step may be for you to take
independent action and apply to court for a contact order, which
will set out how often and when the children can see the parent
they don’t live with. The court will then decide what it thinks
will be best for them.
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My partner wants us to sign a pre-nuptial
agreement but I don’t really see the point since I have heard that
they aren’t legally binding in this country anyway. Am I right
about this?
Yes, you are right up to a point. Pre-nuptial
agreements aren’t legally binding in the UK at the moment. But
that’s not to say that they aren’t useful. A pre-nuptial agreement
will still be taken into consideration in the event of divorce and
can have a significant influence on the eventual settlement
awarded.
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My partner is about to move in with me but I am a
bit concerned about what would happen if we split up. Will he be
able to claim a share of my house?
Whether or not your partner can in the future
claim a share of your house will depend on a variety of factors
including whether his or her name is added to the deeds. However,
we would also recommend that you draw up a proper cohabitation
agreement, setting out clearly who owns what and what would happen
if you split up.
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My ex-husband is from abroad and I’m worried that
he will want to take my two children back to his home country with
him. Is there anything I can do to stop this from
happening?
There are a number of things we can help you
do to prevent this from happening - and this is much easier than
taking steps after the event. In some cases we can obtain an order
preventing a passport being issued or preventing children being
taken out of the country.
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