NUPTIAL & COHABITATION
Our aim is to provide an efficient and high quality level of personal service to meet your needs. We listen carefully to what you want in order to provide a service that is both personal and bespoke, minus any unnecessary technical jargon.
We seek to deliver service excellence with a modern approach for efficiency, including the use of technology, but always maintaining and respecting the traditional values of the solicitor and client relationship.
Pre and Post Nuptial Agreements
Although prenuptial agreements aren’t guaranteed to be binding in England and Wales they are likely to be upheld if properly prepared and considered in all the circumstances to be fair. If you’re remarrying and want to preserve assets for your children or if one of you has accrued significant wealth before marriage you should consider a prenuptial agreement to protect your position on divorce. If you’re a parent looking to pass wealth to your children you may want to discuss with them a prenuptial agreement if they marry or a post nuptial agreement if they’re already married. If one party accrues wealth after marriage, perhaps from an inheritance you should consider a post nuptial agreement setting out how that wealth is to be treated in the event of divorce. If you enter into a prenuptial agreement we recommend that you translate this to a post nuptial agreement following your marriage. Any agreement of this sort should be reviewed regularly to ensure that the provisions remain fair and likely to be enforceable if needed. If you’re planning a civil partnership you may wish to consider a preciv or postciv agreement.
Our team has significant experience of drafting these documents and advising upon their enforceability.
Although many couples maintain cohabiting relationships, too few are aware of the lack of legal status and protection that such a relationship gives them. There is no such thing as a common law spouse. If your relationship ends we can advise on any remedies that may be available to you for yourself or your children. If there is a dispute about property ownership we can assist in resolving this either by negotiation or by litigation.
Although cohabitation itself doesn’t create any legal relationships it’s helpful to have a document that sets out from the outset any agreements in relation to interests in property and how these will be dealt with if your relationship ends. This is particularly important if you’re planning to live in a property that only one of you owns. We can advise you on appropriate agreements and prepare the documentation for you..
Trust and Loan Agreements
When family members help a couple with the purchase of property there’s rarely any consideration given to what might happen if they separate. Unless thought is given to how the property is owned or how the money being provided is secured there may be no means of recovering it or at least preserving it if that happens. We can help you protect your position.
Where the situation demands, we are also caring and take an understanding approach with our clients who require emotional support. Our Family and Private Client lawyers and staff, in particular, are frequently praised, not just for their legal knowledge, but for their sensitive support to clients’ needs and circumstances, particularly at difficult times or in relation to personal issues.
We are not a big supermarket purporting to offer legal services, but we are big on providing a professional and personal service to all our clients.
In this article, Rosanna Derryman Associate in our Private Client team discusses the upcoming changes to the rules regarding the registration of trusts.
Stokes Partners are proud to be the official legal partners for Somerset Day on May 11th! And we’re especially proud that we feature on the Somerset Day Trail Challenge! We’ll be working hard to ensure that our office window celebrates all things Somerset and we’ll definitely be “flying the flag” on Somerset Day!
Stokes Partners are delighted to announce that Hilary Askew has become a partner with the firm with effect from 1 April 2022. Hilary is part of the Wills, Tax and Probate team. She joined the firm in July 2012 and has over 20 years experience of private client work.
On 6 April 2022 the divorce “landscape” will change dramatically and for the first time in over 40 years. The family law team at Stokes Partners are all agreed that this change is long overdue and that it should help thousands of divorcing couples move forwards in ending their marriages with reduced disagreement and acrimony.