LAW FIRM: MORE PARENTS MOVE TO PROTECT FAMILY ASSETS FROM BREAKDOWN OF THEIR CHILDREN’S RELATIONSHIPS.

GEORGE DAVIES SOLICITORS LLP

FAMILY LAW

PRESS RELEASE

March 1, 2012.

MANCHESTER LAW FIRM: MORE PARENTS MOVE TO PROTECT FAMILY ASSETS FROM BREAKDOWN OF THEIR CHILDREN’S RELATIONSHIPS.

The number of pre- and post-nuptial agreements and cohabitation agreements has soared in the past year as well-heeled parents move to protect family wealth from outsiders.

Robin Charrot, a partner in the family law team at Manchester-based George Davies Solicitors LLP, says that a combination of families having to give more financial assistance to their children, the increasing divorce rate, and the sky high rate of failure for unmarried couples is making parents ever-more protective of family assets.

“In the case of divorce involving a son or daughter, sometimes even more than half of all assets can be claimed, and family money is not exempt. On top of that, there may well be claims for maintenance for life, and more and more parents are seeing this,” said Robin Charrot.

“The damage is not as catastrophic with the ending of a cohabiting relationship. However, ex-cohabitees could still have claims for up to half of most types of property, and, if there are children involved, the claims could be far more extensive than just child maintenance.

“If the split is amicable, then things can be settled relatively quickly and easily. However, this still means months of uncertainty and thousands of pounds in legal charges. However, if it gets combative and goes to court then there is the potential for a huge legal bill because these disputes can go on for years.

“Pre- or post-nuptial agreements and ‘cohabitation agreements’ are the solution. They were once considered to be toothless, but that has all changed now: If they are done properly, the courts are almost certain to accept them. In many cases they can completely exclude family wealth from claims, and in the cases where this is impossible, they can at least severely restrict claims.

“They provide certainty, help manage expectations, and ensure that parents who want to help their children but keep the wealth in the family are protected.

“Depending upon the detail of the agreement, the costs are almost always in the low four-figures, whereas taking a dispute to court can easily amass a six figure legal bill, and cost the family dear in terms of their assets that are lost forever.”

Ends

For further information:

Iain Macauley

im@pressrelations.co.uk

07788 978800

Lindsey Farrelly

LindseyFarrelly@georgedavies.co.uk

0161 234 8802

07717 177609

Notes to editor:

About George Davies Solicitors LLP: George Davies Solicitors LLP is a 19 partner law firm based in the heart of Manchester city centre. Established over 70 years ago it provides an extensive range of legal services to a national client base. Recent awards and accreditations include; ratings in independent legal directories - Legal 500 and Chambers and Partners UK; Winner of the Medium Law Firm of the Year 2011 in the Manchester Legal Awards; Winner of the Managing Partner of the Year award at the 2011 LawNet Awards; Winner of the Innovation in Dealmaking award and shortlisted for Corporate Law Firm of the Year at the 2011 Insider Dealmakers Awards; Winner of the North West Employment Team of the Year in the Corporate INTL Magazine Awards 2010; adviser on the Deal of the Year sub £5million at the 2010 Insider Dealmakers Awards and is one of only five legal firms in the country to hold the Investors in People Silver standard.

WHERE ARE GRANDPARENTS’ RIGHTS GOING? DR ROS ALTMANN, DIRECTOR-GENERAL OF SAGA, COMMENTS ON NORGROVE FAMILY LAW REVIEW.

DR ROS ALTMANN

DIRECTOR-GENERAL, SAGA

@SagaRosAltmann

QUOTES

November 4, 2011.

WHERE ARE GRANDPARENTS’ RIGHTS GOING? DR ROS ALTMANN, DIRECTOR-GENERAL OF SAGA, COMMENTS ON NORGROVE FAMILY LAW REVIEW.

Dr Ros Altmann, Director General of over 50s group Saga, commenting on the Family Law Review, said:

“As the official Family Law Review is published, there is one element that is conspicuous by its absence: Grandparents' rights.

“David Norgrove’s comment that ‘not all grandparents are good grandparents’ may be true, but to leave it to the whim of a couple at the centre of an acrimonious divorce, to ensure grandparents' rights are properly represented in court will have far reaching effects and will deny many grandparents - and of course their grandchildren, the chance to experience that special love and bond that so many take for granted. Family life and family relationships can extend very importantly beyond just parents and their children. Older generations have so much to contribute to their families.

“In his report, David Norgrove stated that: ‘There is no evidence that courts unreasonably refuse the ability of a grandparent to bring an application for contact with their grandchildren’.

“However, the constant flow of letters into Saga Magazine implies that whilst this might be the case, the process is extremely difficult and many grandparents simply can't face a court fight that they feel may be unfairly stacked against them. They had hoped that the law would recognise the importance of their rights properly.

“Many of the comments we receive are from grandparents who have reached the end of their tether.

“The relationship between a grandchild and a grandparent can be an extremely special one, and can provide consistency for a child when the family unit breaks down.

“This Review rightly points out that decisions should be made in the best interests of the child, however to give one adult ‘rights’ to access that can be withdrawn by the courts, whilst all others have to fight for any right to maintain a relationship with their child or grandchild is surely wrong.

“Many grandparents tell us that they have supported their grandchildren throughout their lives, only to find themselves bereft of any contact once the relationship breaks down. To have this contact arbitrarily withdrawn can cause irreparable emotional damage for everybody concerned.

“Of course, coming to an amicable solution outside of the court process would be better for everybody concerned, and the measures put in place to help couples in these cases will be useful for some.

“However judging by the number of acrimonious divorce cases that involve access to children every year, this review has made little difference and has dashed the hopes of the grandparents who were waiting with baited breath for this report in the hope that theirs and their grandchildren’s rights would at last be reinstated.

“Saga is very disappointed at the conclusions of this Review and we do hope that politicians may reconsider the recommendations after further consultation.

Ends

For further information:

Saga Press Office
01303 771529.

www.saga.co.uk

Iain Macauley
im@pressrelations.co.uk
07788 978800