Family Law Divorce

Family Law & Divorce Solicitors in Lincoln

Family & Divorce Solicitors in Lincoln UK

• Divorce & civil partnership dissolution
• Financial settlements and pensions
• Children’s matters
• Separation
• Civil partnerships
• Co-habitation
• Pre-nuptial agreements

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‘Georgia has a pleasant manner which immediately puts one at ease, and she is clearly competent and knowledgeable which inspires confidence’

‘Dealing with a small firm of professionals gave good access to the acting solicitor and enabled good communication for matters to be resolved promptly and accurately without delay or mis-communication.’

Crossley v Crossley

It is not surprising that  Stuart Crossley required Susan Crossley (nee Dean) sign a prenuptial agreement before he tied the knot, after all she  had already benefitted from generous settlements from her previous 3 husbands Kevin Nicholson, heir to the Kwik Save fortune, Peter Lilley  the adopted son of Thomas Lilley, chief of Lilley and Skinner shoes and racing magnate Robert Sangster, heir to the Vernon Pools fortune. 

However, after a 14 month marriage Susan Crossley felt that the prenuptial agreement promising not to pursue her husband's fortune was invalid due to the discovery of an additional £60 million held in accounts in Monaco and Andorra which she did not know about when signing the agreement.

Mr Crossley’s legal team had asked the courts to short-circuit normal divorce procedures because the marriage was short and childless, both partners had independent wealth and a prenuptial agreement was in place.

In that document the couple had agreed that in the event of a divorce they would retain their own assets and make no claims against each other.

His team argued that the facts could be heard in one day rather than enduring the usual proceedings, which might entail three hearings, a delay of up to 18 months and significant costs.

The High Court judge Mr Justice Bennett agreed that the case could be heard in one day in February, when the prenuptial agreement would be evaluated and a decision made there and then over whether to throw out Mrs Crossley’s arguments..

Yesterday, Mrs Crossley’s legal team argued that in agreeing such a procedure Mr Justice Bennett was denying her access to the courts. She would have no chance to present evidence about undisclosed assets that she claimed rendered the agreement invalid.

Her appeal was dismissed by three Court of Appeal judges.

Lord Justice Thorpe, who sat with Lords Justices Keene and Wall, praised Mr Justice Bennett’s innovative decision and said that judges had a duty to look at ways to shorten the trial process where “very rich people are demanding full-scale trials” and limiting the courts’ overstretched capacity.

Lord Justice Thorpe, giving the ruling, also called for legislation to clarify the status of prenuptial agreements. In Britain they are not legally binding, although judges do take them into account.

He said: “This is a quite exceptional case on its facts. If ever there is to be a paradigm case in which the courts will look to the prenuptial agreement as not simply one of the peripheral factors of the case but a factor of magnetic importance, then it seems to me that this is such a case.”

There was a “strong argument” for legislation, he added, given that the European Union considered it important to tackle the differences that existed on property-sharing between member states.

Mark Harper, a partner with Mr Crossley’s solicitors, said that the ruling was “a significant step forward for prenuptial agreements”. He added: “The Court of Appeal has shown that when a prenuptial agreement exists, the English courts can take a pragmatic approach and short-circuit normal court procedures, saving time, money and emotional distress for all involved.”

Mr Crossley said: “This is a fair decision. I am upset that our marriage failed.”

He met his future wife in the summer of 2005 and they were married 14 weeks later, in early January last year. But from June the couple lived largely separate lives and in August she filed for divorce.

Not just for the super rich, the demand for pre-nuptial agreements is growing and the contracts are becoming more common with younger professionals.

Considering a prenuptial agreement? Contact Dale and Co. Solicitors Lincoln Family Law Team

Pre-nuptial agreements are not currently binding in English law however, they can be of significant value and can be taken into account by the courts should there be a dispute during the course of a subsequent divorce.

In the case of Crossley v Crossley there was an appeal following the court refusing a wife full financial disclosure on the basis that a pre-nuptial agreement had been signed. This was a short childless marriage and the agreement had stated that neither party would bring any application for financial provision should their marriage break down. The appeal was dismissed. This judgment has added weight to the benefit of Pre-nuptial agreements, leading Susan Crossley to drop her claim to her husband's £45 million fortune.

Divorce - the process

• A 'Petition for Divorce' is sent to the county court, with 'The Statement as to Arrangements for Children' if children are involved.
• The Divorce Petition is issued by the Family Law Court
• 'Acknowledgement of Service' and photocopies of the documents are sent to the husband / wife (the Respondent). This form asks a number of questions, including if the divorce will be opposed. If not, it will be a 'non defended case'. This should be returned within seven days of receipt.
• A copy of the 'Acknowledgment of Service' is sent to the Petitioner.
• The Affidavit in Support of the Petition' is then sent to the court when applying for the divorce. This is prepared for you by your solicitor.
• If the court is satisfied that the marriage has irretrievably broken down and one of the five facts (above) applies, the judge will fix a date for the 'Decree Nisi' of divorce to be pronounced.
• Six weeks after the Decree Nisi is pronounced, the Decree Absolute can be applied for by the Petitioner - and when the Decree Absolute is pronounced the divorce is completed.

A divorce generally takes around six months, but this can be longer or shorter depending on how co-operative each partner is.