Jeremy is known for his pragmatic approach in reaching agreement through negotiation. Even where there is deep acrimony, Jeremy can help you negotiate with your partner and reach an agreement that you are happy with.
Upon the unfortunate event of separation or death the Property (Relationships) Act 1976 divides all the relationship property equally unless the court considers there are extraordinary circumstances that will make equal sharing repugnant to justice. However, if a couple have a Contracting Out Agreement the Act will not apply, thus all their property will be divided upon their privately agreed terms.
Contracting Out Agreements can be made at any stage of the relationship although it is advisable to do so before the relationship has lasted three years.
When a relationship breaks down and the parties do not have a Contracting Out Agreement relationship property disputes can be settled in two ways, either by agreement between the parties or through the Family Courts. Section 21 A of the Property (Relationships) Act 1976 enables couples who have separated to settle any differences in property owned by either or both of them, by agreement with respect to the status, ownership and division of that property.
There are four steps to settling by agreement:
- Disclosure/ Information Gathering
Disclosure/Information gathering is the first step for resolution and is essential. Without this meaningful negotiations cannot be undertaken. If resolution is reached through negotiations, an agreement is circulated and the final agreement is signed and certified by the parties’ and their lawyers.
The last step is settlement. As a barrister I am not able to assist with settlement (such as conveyancing, changes to trusts, distributing relationship funds). The instructing solicitor for your matter can assist with this final process. We would also recommend to our clients to update their will as soon as possible.