Our client initially attended a meeting for a non-molestation order following the respondent being abusive and controlling. The abuser had threatened both the client and her family.

We had to first advise the client regarding the current safety concerns and potentially putting in place a non-molestation order with zonal order to protect the client under Section 42 of the Family Law Act 1996. At the very least, an occupation order was needed to allow the client to live at the property under Section 33 of the Family Law Act 1996.

As we were informed that the respondent would not have anywhere else to live, we advised the client to live with family. It was safer for the client to vacate the jointly owned property and have a zonal order attached so the abuser would not be allowed within a certain radius of the client. Until the order was in place, we advised the client to call the police if the abuser came near.

We submitted a non-molestation order application without consent (ex-parte), which was granted by the court for a year. We had it served on the respondent by a process server.

We then had to arrange for the client’s remaining belongings at the property to be returned and for the sale of the jointly owned property. We advised the client that, as they were not married, if the matter was disputed it would come under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). We wrote a without prejudice letter to the respondent regarding the return of the belongings and the sale of the property.

We arranged for a third party to collect the client’s personal items. The respondent agreed to the sale and division of the property. Due to the non-molestation order, the client remained safe.

The property was sold and the client moved to a new property unknown to the respondent. The client was able to start her life over again without any abuse or threats.

“Thank you for everything Franklins have done for me during the most difficult time in my life.”

It is vital that clients receive the correct advice from the beginning so that they are aware of the process and to prevent any unnecessary stress. In cases involving domestic abuse, taking swift action to protect your safety is the priority.

Our client and their spouse had a child together and, although they were divorcing, they were still amicable and wanted to remain good friends. We had to make the client aware of the divorce process and the legality around matrimonial finances, without upsetting the spouse.

The divorcing couple were born and married in Poland but domiciled in England and Wales. We had to make sure they were also officially divorced in their country of marriage and birth.

We held an initial meeting going through the laws around divorce in England and Wales. Firstly, we had to obtain a copy of the marriage certificate from Poland as well as a translated version. We issued the divorce application with both versions of the marriage certificates as a sole application on the HMCTS portal.

We researched the laws for divorce in their place of birth and marriage, which meant we needed to send the final divorce order to the local registry where they got married. This would also make them officially divorced in their country of origin as well as England and Wales, where they now domicile.

We applied for the conditional order after the 20-week holding period and, once the order was pronounced at court, we waited for the required six weeks before applying for the final divorce order. We managed to advise our client on the matrimonial finances and reached an amicable agreement. The parties maintained a friendship without any disputes.

Once we received the final divorce order, we sent a copy to the relevant registry in the place they married and were born. This meant their divorce was compliant in England and Wales as well as their place of birth and marriage.

“Working with Franklins led to a smooth transition, making sure there were no disputes between my ex-spouse and me.”

When the client first came for advice, they were not only unaware of the legal implications and process of divorce in the UK but also in their place of birth and marriage. They needed to conclude the matter so that they were officially divorced in both jurisdictions.

Where parties were married abroad, it is important to consider whether the divorce also needs to be registered in the country of marriage to ensure it is recognised there.

Our client wanted to instruct us to proceed with a divorce and complete the already agreed matrimonial finances. The parties had separated over ten years prior but remained good friends. Our client had been paying part of his pension each month to his ex-spouse.

In the initial meeting, we advised the client on the divorce laws and how a conditional order is required before we could submit a consent order and Form D81 with the court. As the only asset being divided was the pension, we advised the client on the different pension orders available. We also had to advise the client of the risks of agreeing to the division of matrimonial finances without formal disclosure.

We wrote to the spouse recommending that they seek independent legal advice before proceeding, due to the complexity of pensions under Section 24 of the Matrimonial Causes Act 1973.

Once the consent order and pension sharing annex had been agreed by the parties, we contacted the pension provider to make sure they approved the orders. Each provider has certain requirements, and we reviewed their policy to ensure compliance.

An application for divorce was submitted to HMCTS under the Matrimonial Causes Act 1973 and the ‘no fault divorce’ provisions under the Divorce, Dissolution and Separation Act 2020. The consent order was drafted along with the pension sharing annex and Form D81.

Once approved by the pension provider and the conditional order was received, the documents were signed by the parties and solicitors and submitted to the court for their approval. The court approved the documents, which allowed us to send them to the pension provider so that they could begin their process. We also applied for the final divorce order.

“They made what could have been a lengthy disputed process quick and easy, advising me on the process throughout.”

Seeking advice from the start can prevent lengthy, expensive and stressful proceedings. Even where parties have reached an agreement between themselves, it is important to ensure that the agreement is properly documented and approved by the court to make it legally binding.

Our client wanted her properties protected before she got married, and her partner wanted his company protected. We advised the client that they could have a pre-nuptial agreement implemented.

Although not legally binding, with certain formalities the agreement carries weight if the parties did divorce, especially since the case of Radmacher v Granatino [2010] UKSC 42.

We advised that both parties would need to disclose their assets by way of a Form E, which would be attached to the pre-nuptial agreement. Both parties would need to receive independent legal advice on the agreement and have it witnessed. The pre-nuptial agreement would also need to be signed 28 days prior to the wedding to show that it was not forced, otherwise a post-nuptial agreement would need to be drafted instead.

We went through the clauses that would need to be included, such as the family home, review of the agreement in five years, division of assets if they divorce, payments, provisions if they have children, and many more.

We met with the client at each stage and wrote to her partner with the initial letters. We advised the client throughout the process, and her partner received independent legal advice from another firm.

We drafted the agreement, which was approved by her partner’s solicitor. The agreement was signed and witnessed as a pre-nuptial agreement in good time, months ahead of the marriage.

A pre-nuptial agreement allows couples to plan ahead and protect assets they bring into a marriage. The legal process ensures that assets accumulated before the marriage are protected once they have married.

It is important to seek expert help early to ensure all assets are properly protected and that the agreement is not rushed. The formalities must be properly followed for the agreement to carry weight if the parties later divorce.