Posts tagged #Family Law

Weddings and Wills: Contemplating Marriage Week UK 2018

Wedding and Wills: Solicitors in Warrington

UK Marriage Week is upon us (7th-14th February 2018). The event is coordinated by the Marriage Foundation – a national champion for marriage, supported by charities and individuals who believe that healthy marriages bring benefits for all of society and should be encouraged and supported. The theme for Marriage Week 2018 is “Think Ahead!” and focuses on encouraging couples to plan their future together with the #plan5for5 campaign. This might involve contemplating your shared values, finances, that long-haul trip you have always wanted to take... or perhaps making your wills.

During this week you and your spouse may wish to consider whether you need to make or review your wills. This would be prudent because your wedding may have had an impact on wills you have previously made, whether this was intended or not.

I’m already married

Did you know that the Wills Act 1837 states, with few exceptions, that when you marry or enter into a civil partnership, this automatically revokes any wills that you or your spouse/partner have made before your union? Unless one of the exceptions applies (and we will discuss one of these below) you should consider making a new will now as, without a will, you would be intestate and any wishes you have may not be carried out. You should not assume that your spouse/partner will receive everything in your estate anyway since this depends on a number of factors.

I’m planning on getting married

Making a will “in contemplation of marriage” is an exception to this rule. This means that if you expect to marry a certain named person at the time the will is executed, and you intend your will not to be revoked by your future marriage to that person, then it will not be revoked when you eventually do marry. A clause to this effect should be written into your will.

I’ve been married for a long time

You may have made wills with your spouse/partner a number of years ago. After you have been married or in a civil partnership for a long time it is often desirable, but not essential, to redraft your wills, in order to reflect your current circumstances and take into account changes in the law. We recommend that our clients review their wills at least every 3-5 years so they can check whether their wishes are still the same. Why not use Marriage Week 2018 to talk with your spouse/partner about your wills and see if there are any changes you need to make?

Contact us to receive a quotation for our will drafting services.

In the News: An Unusual Family Case

An Unusual Family Case: Solicitors in Warrington

An unusual case of family law has been in the news recently, where a girl living with two mothers has been ordered to stay in touch with her two fathers.

The fourteen year old girl who was born from donor fertilisation has been ordered by high court to stay in touch with her two ‘fathers’ against her wishes – a case that has been labelled extraordinary.

The teenage girl was represented by a lawyer at a private hearing in the family division of the high court, invoking provisions of the 1989 Children Act to persuade a judge of her right to be left to reach her own conclusions. The judge, however, ruled that it was in her best interests to have ‘a limited form of relationship’ with her fathers.

The girl and her younger sister live with her biological mother and her civil partner. Her biological father is in a civil partnership with another man. The two mothers have also argued against the girl being made to keep contact with them.

The judge, Mr Justice Cobb, ruled that the fathers have the right to send their daughters cards, letters and gifts. He reasoned that she would benefit from a modest link with them, and noted that the fathers:

“Wish to emphasise that they love the children, they always will, they will always be there for them and interested in them. They hope that the children will one day look back at the happy times of contact enjoyed in the past.”

In contrast, the girl and her younger sister (10) have spoken of the legal proceedings as having “ruined their childhoods.” The protracted litigation, which began in 2008, has had a profound effect on them and they claim that “their fathers were solely to blame” for this.

More information here...

There's never an easy way to approach complicated family cases such as these, but at Fiona Bruce we strive to treat every situation with sensitivity and respect. If you're in need of legal advice with a family-related issue, please do not hesitate to get in touch.

Article Disclaimer

This article is for general information only and does not constitute specific advice.  You should not rely on the information in this article.  Fiona Bruce Solicitors recommends that you seek our specific advice if you wish to rely on the any part of this article.  Whilst Fiona Bruce Solicitors makes every effort to ensure that the article is accurate, Fiona Bruce Solicitors excludes all liability for claim, loss, demands or damages of any kind whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of this article or any other information contained on this website.  Any information provided only applies to England and Wales.

Posted on November 4, 2015 and filed under Family.