Beware-the remarriage trap

The Remarriage Trap The Matrimonial Causes Act 1973 sets out the rights of a spouse to seek a share of the matrimonial assets and maintenance. Buried deep within this legislation is the ‘remarriage trap’. Put simply, if you divorce and then remarry without first having made a claim for a financial order in the divorce…

Claims on behalf of children

A child is any person under the age of 18. In civil proceedings, a child must have a litigation friend to conduct the court proceedings on their behalf, unless the Court otherwise directs. Often the child’s parent will act as a litigation friend although this does not have to be the case. The litigation friend…

Grant of Probate

APPLYING FOR A GRANT OF PROBATE When a loved one dies, it can be difficult to know what to do in respect of dealing with the deceased’s property, money and possessions. If the deceased left a valid Will the Executor named in the Will can apply for a ‘Grant of Probate’; if there was no…

Void and voidable marriages

Void and voidable marriages When are nullity decrees (annulments) important? When a party may not wish to divorce due to religious reasons; Where divorce is not possible as the marriage was void. However, a party may wish to have a decree of nullity if they wish to claim some financial relief from the other party…

Pre-Nuptial Agreements

What is a pre-nup and is it enforceable? When marriages end, a major source of stress for many couples is not knowing at the outset what the financial outcome of their divorce will be.  As many people are tending to marry later or get married for the second time, they enter into a marriage with…

The Importance of a Financial Order on Divorce

  Many people considering a divorce do not appreciate that there is no automatic protection against future financial claims against them from their ex-husband or wife. We, at RJT Solicitors always advise clients to consider their financial positions carefully. Even if they do not believe that they have anything of financial significance it is still…