1. Developments in Family Law and Legal Aid
that benefit the people you work with and
support.
Welcome to the sixth edition of our newsletter.
We will be bringing you quarterly updates in
relation to Family Law, Mediation and Legal
Aid.
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
Business Name
Practical Legal Updates
November 2015 Volume 1, Issue 6
SAMANTHA LEE
FAMILY MEDIATOR,
SOLICITOR AND MANAGING
DIRECTOR
FREE INITIAL MEDIATION MEETINGS DURING DISPUTE
RESOLUTION WEEK
It is unlikely to have gone unnoticed that the emphasis when it
comes to family breakdown is now on dispute resolution
(mediation) and avoiding court proceedings. Dispute resolution
encompasses Mediation, the Collaborative process and alterna-
tive ways of reaching agreements together.
The emphasis is on keeping arrangements amicable and ensur-
ing the children's best interests are at the heart of all agree-
ments.
Out of court settlements also mean:
 Lower costs
 Quicker outcomes
 Less acrimonious
 Agreements are more likely to last
Dispute Resolution Week is designed to draw attention to all the
methods of alternative dispute resolution. We want to jump up
and down and shout about mediation and the benefits it brings
to parties in resolving disputes. In order to encourage more
people to mediate, we will be offering:
Cont on next page...

2. Page 2 Practical Legal Updates
FREE INITIAL MEDIATION MEETINGS DURING DISPUTE RESOLUTION WEEK cont…
The campaign is run by the family law practitioners group, Resolution, who pro-
mote better outcomes for families going through separation. It is hoped that the
campaign will raise awareness of the alternatives to court that are available.
Samantha Lee is a Solicitor and Mediator and by combining both areas of her prac-
tice she can assist clients through the mediation process with a broad up to date
knowledge of the legal system.
We also hold a legal aid contract for mediation.
In order to promote Dispute Resolution week, we are offering FREE initial mediation
meetings (MIAMs). We want people to have the opportunity to understand what me-
diation is about and to see the benefits of it for themselves.
To take advantage of DR week, contact Samantha Lee to book a FREE meeting be-
tween 23-27 November 2015.

3. Page 3 Volume 1, Issue 6
Prenuptial agreement upheld again
Prenuptial agreements are growing in popularity and recently the family court* has re-
inforced the view that they should be upheld.
There is no specific law saying that prenuptial agreements should be adhered to upon
separation. In fact, the law does not allow people to enter in to agreements that pre-
clude them from exercising their rights under statute.
However, case law has provided some guidance in the treatment of prenuptial agree-
ments and whether they are enforced when parties to a marriage separate/divorce.
The court’s approach is that full effect should be given to a prenuptial agreement that
is:
Freely entered in to
With full appreciation of its implications
Unless it would not be fair to hold the parties to it
Therefore, if both parties have entered into an agreement which they both understand
and have both taken independent legal advice, it is likely that the agreement would be
upheld and the court would not interfere further.
If the outcome of adhering to the agreement would be such that one party would end
up in an unfair position, then the court may interfere. For example, if one party ends
up homeless or destitute in some way. The court would consider whether that party
had a ‘real need’.
Is it worth entering in to a pre-nup?
It is a personal decision. If both parties wish to protect assets and are both willing to
agree to it, then it will provide peace of mind that if the relationship were sadly to end,
matters will resolve themselves simply without the need for any court battles or wasted
money.
How does this apply to me?
You may see clients who are considering remarriage. In particular, if they have children
from a previous relationship and also have any assets (i.e. a house) they may want this
to be protected in the event of the marriage breaking down.
You may also see a situation where a person is being pressured in to a pre-nuptial
agreement. It is important for both parties to take advice from their own lawyer so that
there is no unfair pressure on one party.
What next?
We can advise on the contents of an agreement or we can draft the agreement.
If you or a client has any queries, one of the team will be pleased to assist.
*Gray v Work [2015] EWHC 834 (Fam)

4. Business Name
‘The People’s
Lawyers’
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
Our team wins exceptional commitment
The Directors of Swain & Co Solicitors present an award bi-
monthly to colleagues who have made an exceptional com-
mitment to the firm. This is work carried out which is over
and above their call of duty and that really stands out.
Our team are very dedicated to their roles and work hard eve-
ry day, often under quite a lot of pressure.
In this round, Sadie Weeks and Pauline Bennett have been pre-
sented with the award.
Pauline supports our care department and Sadie supports our
private law and mediation departments. Throughout a very
busy period during the summer months, Sadie and Pauline
kept the department running smoothly under intense pres-
sure.
They both provide invaluable support to our team and it is
likely that you and your clients speak to them quite often,
too!
Well done to Pauline and Sadie.
NICOLA WHITLEY
HEAD OF FAMILY