The Legal and Financial Reality of Marriage and Divorce with Alex Hirst

In this episode, Hannah is joined by Alex Hirst, who is an associate solicitor specialising in family law and disputes in divorce, finances, children, and prenups. Alex discusses the practical and legal reality of marriage, including demystifying prenups and other financial concerns. She and Hannah talk about what makes a happy couple, Hannah learns that London is apparently the divorce capital of the world, and Alex gives out some tips and tricks to avoid having to hire a divorce lawyer for yourself.

Read the episode transcript here!

SHOW NOTES

What we chat about…

  • The financial consequences of marriage

  • What’s different about separating from someone you’re married to vs someone you’re cohabiting with?

  • In the UK, what’s the difference between marriage and civil partnership?

  • What is a “no fault” divorce?

  • How will “no fault” divorces being available impact couples who might want a divorce in the future?

  • What insights has Alex gained into relationships through doing her job? What makes a happy couple? Should we bin the idea of a “successful” relationship? (13:38)

  • What is a prenup? Are prenups a thing in the UK? Are they just for rich people? Can you do your own prenup without a lawyer? (19:05)

  • What’s the point of “till death do us part” if you get divorced anyway? (23:24)

  • Is there such a thing as secular pre-marriage counselling? (26:02)

  • What happens in marriage lessons?

  • Is sleeping with somebody else an explicit breach of contract? What if you’re polyamorous?  (30:00)

  • How is adultery defined in the law?

  • If you cite adultery as the reason for divorce, are you entitled to more money?

  • When you get married, are you taking on 50% of that person’s debt?

  • If I inherit my mum’s house while I’m married, does my partner take 50% of it if we get divorced? If you own property before you’re married, is your partner also able to take 50% of that in a divorce? (34:22)

  • I’ve heard of someone having to send their ex a percentage of their pension payments in the future. What?? (36:35)

  • Has Alex come across many men who have taken their wives’ surnames? (38:52)

  • Do you think marriage is a social construct? (40:00)

  • If you have a significant other that you live with and don’t want to get married or have children, is there any potential financial or legal problem down the line? (41:20)

  • What is “common law marriage” and does it have any legal basis? Should it?

  • Is there an equivalent of a prenup for an unmarried cohabiting couple?

  • If you get married in one country and you live in a different country, which country has jurisdiction over the divorce? (46:00) 

USEFUL LINKS

MORE ABOUT ALEXANDRA HIRST

Alexandra Hirst is an associate solicitor at Boodle Hatfield who specialises in family law and disputes in divorce, finances, children, and prenups.

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