Prenuptial and postnuptial agreements have been in and out of the news over the past year. Here at Stowe Family Law, the number of new enquiries about prenups and postnups has risen sharply. The same questions come up often: is such an agreement advisable, and what can be done to ensure that it is effective?

This was the subject of my talk on Thursday evening, when Stowe Family Law and Lane-Smith & Shindler, a firm of specialist trusts and estates practitioners based in central Manchester, held a joint seminar (above) at the Marriott Hotel in Hale Barns. The audience comprised of retail and private banks, accountants, investment managers and IFAs.

Speakers from both firms discussed the impact of relationship breakdown on family wealth, and advised on steps to protect family wealth. Marilyn Stowe spoke about the changes in ancillary relief law over the last 10 years, which have led to far larger payouts to spouses in big money cases. Geoffrey Shindler of Lane-Smith & Shindler explored the impact of this change in the law on family trusts, and described how trusts could be vulnerable to different forms of attack from spouses. Paul Davies of Lane-Smith & Shindler explained how different drafting techniques can be used to provide added protection to trusts.

I chose to speak about the rise of prenuptial and postnuptial agreements to their current status, and described the mechanics by which the agreements are constructed. At the time of writing, such agreements are extremely influential on decisions made by our family courts in England and Wales.

Because of the level of interest in this talk, and the question and answers that followed, we are reprinting the accompanying handout here. If you are considering a prenuptial or postnuptial agreement, we hope that this information is useful. This is an area in which Stowe Family Law specialises, so you can always leave a comment or contact us directly with any additional queries. Continue reading »

Despite those assurances that I would make a full recovery, I had to have keyhole surgery on my leg last week. I can’t pretend the day of the surgery was pleasant; it wasn’t, it was all like a bad dream.

When clients are anxious about court appearances, I always advise them how best to cope. On this occasion I administered the same advice to myself: the day will pass faster and better than you think; then begins the period of recovery. As my doctor told me, I have had an operation on the most important weight-bearing joint in my body. It will take time to recover; I must be patient.

Just as a patient isn’t “cured” in the operating theatre, a divorce doesn’t “end” in the courtroom. A client must never think that an appearance in court or a day of settlement will provide immediate closure. A subsequent period of recuperation and rest is essential: it allows the client’s mind to settle and readjust. Often for example, when the immediate trauma of the divorce is over, clients can suffer from panic attacks and other stress-related conditions. These are normal and are part of a healing process that, in my experience, typically lasts for 12 months after the case is resolved. I advise my clients that they should not expect a quick fix. It won’t happen. I have found that when clients know that those up and down days will continue for some time, they find it easier to deal with their experiences and emotions. For many of them, the healing process is all about the conquering of the unknown.

A couple of days before I went into hospital, a member of our admin team came in my office, to discuss a client who was fretting about the divorce and financial process. Our client wanted to know what the courtroom would look like, how she should dress and how she should speak in court. What exactly was going to happen to her? What form would the hearing take? Would she have to sit like a criminal in the dock? Continue reading »

We opened our Stowe Family Law office in Hale, Cheshire, earlier this year. I am delighted to report that we have been extremely busy ever since, and that the success of the new office has already surpassed our expectations.   We decided to celebrate with a day at Chester Races.

Stowe Family Law was the proud sponsor of the 3:30 pm Henry Gee Fillies’ Stakes, which was televised on Channel 4 and won by Angus Newz. I presented the winner’s trophy to the horse’s owner and trainer, Micky Quinn (pictured), and winning jockey Frannie Norton.

Henry Gee was the founding father of Chester Races. It is believed that it is from his name that we get the popular slang term “gee-gees” when talking about horses.

This was the first event that we have sponsored at Chester, and a great day was had by all. We look forward to developing our strong reputation and presence in the region over the coming years – and I doubt that Chester Racecourse has seen the last of us! Continue reading »

Yorkshire Post

By Lizzie Murphy, Yorkshire Post.

WHEN it comes to family law there are few more formidable opponents than Marilyn Stowe.

She says she can tell when someone is having an affair just by looking at them, knows if someone is lying from their handwriting, and will persevere to the end in order to win a case.

To read the rest of the interview, click here.

A trust is an investment – so is sound advice.

Trusts are, without a doubt, bêtes noires for many family lawyers . A client attending a first meeting will expect clear answers, not waffle, particularly if he or she is the beneficiary of a trust.

Here at Stowe Family Law, we were recently visited by the barrister Simon Sugar. One of the specialist family law set at One Garden Court, London, he is the co-author of Unlocking Matrimonial Assets on Divorce, which I thoroughly recommend. We invited him to come here to speak about the content of his book, and to ensure that our lawyers’ specialist knowledge of various forms of trusts and offshore assets was sufficiently refreshed and updated.

Simon Sugar’s visit was arranged as part of Stowe Family Law’s in-house programme for Continuing Professional Development (CPD). This is prepared by one of our partners, Rachel Roberts, and is greatly valued by us all.

Every year we select a thorny subject and immerse ourselves within it. Last year, we chose cohabitation and the law. Professor Rebecca Bailey Harris, of 1 Hare Court, came to our Harrogate offices and gave a talk that was so clear and so straightforward, it’s a pity she didn’t publish it for the entire profession. It was brilliant.

This year, we have chosen trusts. Continue reading »