Have you been involved in an incident that requires the application of family law in the UK? If you have, then you probably have more than a few Family Law Legal Questions on your mind right now. In the world of family law practice, solicitors face a barrage of Family Law Legal Questions all the time and there are quite a few questions that pop up very often. In this article, we will tackle some of the more common and frequently asked Family Law Legal Questions and discuss their answers with you. Of course, remember not to take this article as actual legal advice. This is never a substitute for an actual consultation with an experienced UK Family Law solicitor.
What happens to the matrimonial home after divorce? Who gets to keep it?
This is definitely an issue that has to be resolved on a case-to-case basis. The fact of the matter is that no matter where you ask this particular Family Law Legal Question, you will get the same answer: it depends. Fortunately, it is easy enough to predict what the final outcome of any dispute as to who gets to keep the family home will eventually lead towards.
Since you are no longer going to be living together in the family home, one party may choose to buy out the house by paying a substantial amount of money to the other party thereby releasing the other party from any ongoing encumbrances upon the property.
Another common outcome is that the party who has been granted the right by the court to live with any minor children is allowed to live in the family home until the children reach 18 – after which the family home must be sold and disposed of and the profits from the sale divided among the parties involved.
Finally, the simplest way to avoid any conflict is to simply sell the family home and to divide the profits among the parties.
In all cases, the overall assets in the matrimonial pot will determine how much of a lump sum one party must pay in order to have the house transferred in name to him/her.
Is a prenuptial agreement a necessity?
No, it is not. In fact prenuptial agreements are actually not legally binding in England. Of course, this does not mean that they do not have any legal effect. As long as there is nothing contrary to law in the prenup agreement, a judge is very likely to take it into account and to uphold its stipulations.
Does the case need to reach court?
No, not at all. There are actually several methods of alternative dispute resolution that do not involve actual court trial. There is family mediation, collaborative law as well as other forms of ADR. Which methods of ADR are available to you will depend on the type of family law case that you are currently facing. For more detailed information on ADR and other Family Law Legal Questions, it is best to consult with a qualified solicitor.