FAQs about Family Law

North London Family Law FAQs

Are pre-nupital agreements legally binding?

About a decade or so ago, pre-nuptial agreements were generally not considered to be worth the paper they were written on.  However, the law has moved on and with marriages being at an all time low, there is a general consensus to make pre-nuptial agreements binding to encourage people to get married.  With that said, pre-nuptial agreements will generally be considered binding where the agreement is concluded following marriage; there is full and mutual disclosure of finances and assets; both parties have received “independent legal advice” on the agreement and there hasn’t been a radical change in circumstances, such as the birth of a child.

If I get divorced, will finances and assets be split equally ?

It depends on the length of the marriage and whether an equal split will meet the needs of both parties.  For a relatively long marriage and where an equal split will meet the needs of both parties, assets maybe split 50/50.  However, where:

  • The marriage is a short one
  • One party has custody of the children
  • One party’s assets significantly compromise an interest in a business

…an equal divisions of assets may not be appropriate.

What are residence and contact orders respectively ?

A residence order is an order of the court which states where a child is to live following a divorce or separation.  A contact order is an order of the court which states the terms and conditions on which the “non-resident” parent is allowed to maintain contact with the child.

Are grandparents entitled to see their grandchildren following a divorce ?

Grandparents have no concrete legal right to see their grandchildren.  However, grandparents are entitled to apply for a contact order to maintain contact.  A contact order may be issued following considerations of the court as to what is in the best interests of the child, and in many cases maintaining a bond with grandparents will be considered to be in the best interests of a child.  A family reporter may also be called upon to investigate the situation more closely in order to allow the court to come to a reasoned and objective decision.

How can I change my name ?

Legally, so long as your intentions are to not defraud anyone, you can assume any name of your choosing.  However, this might cause practical difficulties when applying for a passport or opening a bank account.  To alleviate these impracticalities, you can have your name officially changed by Deed Poll and have this lodged with the Office of the Public Guardian.