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This represents a major change in how we approach divorce cases. No blame is attributed to the other party – all you must confirm is that the marriage is over. You don’t have to explain why you think it is over. This change has helped to limit the initial arguments that used to happen at the very start of the divorce process. Prior to the change in the law, parties to a divorce would often fight over who would start the divorce process and what “facts” they would use to support their contention that it was over. People would allege adultery or unreasonable behaviour and quite often there would be a race on to be the first to file a divorce application (so that blame could be laid on the other party’s shoulders).

All that has ended now. Under the No fault system, you have the option of filing a joint application for divorce where both parties confirm to the court that it is over and the process, which is almost exclusively digital now, is something that we are more than happy to help you with – call 029 20796311 or email us click here.

When Catherine Zeta Jones and Michael Douglas married in 2000 it was rumoured that they entered into a pre-nuptial agreement, a contract that sets out what is to happen to the parties’ assets following the breakdown of the marriage.

There was speculation that the agreement awarded the Welsh film star £1,000,000.00 for every year of marriage with additional payments for any children that they had. Now that they are “taking time apart to evaluate and work on their marriage” the question on many people’s lips is; where does the law stand in relation to this?

Although they may be used widely in the US strictly speaking pre-nuptial agreements are not binding in the UK. The law was clarified however in the recent case of Radmacher v Grantino, the courts confirmed that they were increasingly willing to consider the existence of a pre-nuptial agreement as one of the circumstances of the case. As long as the agreement the parties reached does not contravene any principles of family law then the agreement could potentially be upheld.

The devil is always in the detail and with correct planning a pre-nuptial agreement can be a reassuring document that could put your mind at ease if sadly the marriage came to an end. Recent changes in the law suggest that as long as each person entering into the agreement had independent legal advice and were not forced into signing the document then it could be upheld. Each party would need to give full and frank disclosure of their assets and also complete all the documents in sufficient time before the wedding, eg not the day before. If those circumstances are satisfied the agreement may well be upheld.

We hope that Michael Douglas and Catherine Zeta Jones can resolve their problems but if you would like independent legal advice on preparing a pre-nup or have signed one and are wondering whether it would be upheld in court then contact us on 029 20796311 or info@ndplegal.com