Mark Keenan

Your solicitors are correct, for a prenuptial agreement to have weight, both parties need to have had independent legal advice and this needs to be documented, usually in the form of a legal advice certificate signed by the solicitors ( or barristers).

We have a prenutpial advice review service for £399 ( incl vat) which may be of help. This is staffed by experienced and qualified lawyers, so will be able to issue the certificate your fiancee needs. It sounds like this is going to be a better quote than you have already, but please feel free to shop around. This can be done over the phone or via Zoom etc.

The service is here 

In divorce proceedings, the court considers the financial resources and conduct of both parties when deciding on a financial settlement. Gambling losses can potentially be a factor in the settlement, but the impact they have will depend on the specific circumstances of the case.

Here’s how gambling losses might be considered:

1. If one party has gambled away a substantial amount of the marital assets, the court may consider this as ‘dissipation of assets’ or ‘financial misconduct’. If it is clear that the gambling was reckless and resulted in a significant reduction of the marital pot, the court may decide to award a larger share of the remaining assets to the non-gambling spouse.
2. The timing of the gambling losses can be relevant. If the losses occurred long before the separation or divorce proceedings, they might be less likely to be considered by the court. However, if the losses are recent and appear to be an attempt to reduce the assets available for division, the court may take them more seriously.
3. The court will look at whether the gambling was an occasional activity or a consistent pattern that affected the couple’s financial stability. The extent of the losses concerning the overall marital assets will also be a factor.
4. Intent: If the court believes that the gambling was done with the intent to reduce the assets available for the settlement, this could influence the court’s decision. Conversely, if gambling is seen as an addiction or illness, the court may be more sympathetic, although this does not guarantee that the losses will be ‘reimbursed’ by a larger settlement.
5. Needs and Welfare of Children: The primary concern of the court is the welfare of any children involved. The impact of gambling losses on the children’s living standards and future needs will be a significant consideration.
6. Full and frank disclosure of financial circumstances, including gambling losses, is required in divorce proceedings. If a party tries to hide or lie about gambling losses, this dishonesty could negatively impact their case.
7. Overall Fairness: The court’s ultimate goal is to reach a settlement that is fair to both parties, considering their conduct, needs, and contributions to the marriage. The court has wide discretion in achieving what it considers to be a fair outcome.

It’s important to note that financial settlements are complex and the court’s approach to gambling losses—as with any marital conduct—will vary from case to case

Deciding between taking a cash settlement or a share of a pension can be one of the more complex decisions to make during a divorce. Here are some considerations that might help you make an informed decision:

1. Financial Needs: Assess your short-term and long-term financial needs. Cash may be useful if you need funds to secure housing or cover immediate expenses. However, a pension share could be more beneficial for long-term financial security, especially in retirement.
2. Age and Retirement: Consider your age and how close you are to retirement. If retirement is imminent, the pension may hold more value to you. If you are younger and retirement is far off, you may have other priorities that make a cash settlement more appealing.
3. Health: Your health and life expectancy can also be factors. If you have health issues that may affect your lifespan, you might prioritise cash now over a future pension.
4. Pension Type: Understand the type of pension you are dealing with. Defined benefit pensions can be particularly valuable as they often provide a guaranteed income for life, which can be difficult to match with other investments.
5. Investment Risk: Cash settlements give you the flexibility to invest or spend as you see fit, but they also come with the risk that the funds could be depleted. Pensions are typically invested in a way that aims to provide for the long term, although defined contribution pensions can still carry investment risk.
6. Tax Implications: Consider the tax implications of your choice. Pensions are usually a tax-efficient way to save for retirement, and you only pay tax when you start drawing the pension. Cash settlements may be subject to capital gains tax if invested, and any income generated could be subject to income tax.
7. Inflation: Pensions often increase each year in line with inflation, which helps to maintain the purchasing power of your retirement income. Cash does not have this protection and may lose value over time due to inflation.
8. Other Assets: Look at your overall financial settlement. If you have other substantial assets, you might prefer to take a larger share of those and forgo some of the pension, or vice versa.

If you file for divorce and later decide to reconcile and change your mind about going through with the divorce, you can take steps to halt the proceedings, provided certain conditions are met and the divorce has not been finalised.

Here are the general steps you might follow in such a situation, although the specific process can vary depending on the jurisdiction:

1. Inform Your Solicitor: If you have a solicitor, inform them immediately of your decision to halt the divorce proceedings. They will advise you on the next steps and assist with the necessary paperwork.
2. Withdraw the Petition: If the divorce proceedings are still in the early stages, you can typically withdraw the divorce petition. If the decree nisi has been granted but the decree absolute has not yet been issued, you may need to file an application to the court explaining why you wish to stop the divorce proceedings.
3. Communication with the Court: If you are representing yourself, you will need to communicate directly with the court to inform them of your decision to stop the divorce. You should do this in writing and provide any required forms or documentation.
4. Joint Application: If both parties agree to halt the divorce, you may be able to file a joint application to dismiss the divorce proceedings.
5. Costs: Be aware that there may be costs associated with withdrawing your divorce application, including court fees and any legal fees if you have engaged a solicitor.
6. Reconciliation Period: Some jurisdictions offer a reconciliation period, which is a formal pause in the divorce proceedings to give couples a chance to reconcile without having to start the divorce process over if they change their mind again.
7. Decree Absolute: If the divorce has been finalised and the decree absolute has been issued, it is too late to halt the divorce proceedings. At this point, the marriage is legally ended, and you would need to remarry if you wish to be legally recognised as a couple again.

It’s important to note that the exact process and terminology can vary depending on where you are. The above steps are based on general practices and may differ in specific details from one jurisdiction to another.

Always consult with a legal professional in your area to get accurate advice for your situation.