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Guidance Notes

Guidance Note: Preparing Pre- and Post-Marital Agreements

Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in recognition of this increasing role that this guidance note on dealing with them has been revised. If these agreements are not a mainstay of your practice then it is important for you to consider instructing specialist counsel to provide an opinion on the content of the proposed agreement, review the advice you have given or draft the agreement itself.

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Maintenance

When a marriage or civil partnership fails, the courts use their discretion to decide how a family’s finances and property are divided up. This means that they look at all the circumstances of the case but will put the welfare of the children first.

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Money and Home

At the beginning of the divorce process, a real concern you may have is what the financial outcome of your split will be. You may well have worries over whether you'll be able to keep the family home or whether your children will have to change schools, how much money you'll have to live on and what the status of your and your partner's pensions may be.

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