There is no legal requirement to instruct a Solicitor to act on your behalf in respect of Divorce proceedings.
However, for reasons set out below, particularly in respect of the finances of a marriage, it is important that legal advice is sought as early as possible which is tailored to your own personal circumstances to ensure you are clear in respect of your rights and legal duties.
Can I get a divorce online?
In recent years the Court has launched an online portal that enables parties to deal with their own Divorce proceedings online. This has made it far easier, and indeed quicker, for the Divorce proceedings to progress. It is therefore now far more straightforward to issue your own Divorce proceedings through the Court service website, without the assistance of a Solicitor.
The New No Fault Divorce Law (April 2022)
The Court’s streamlined online process works for many and particularly with the imminent ‘no fault’ Divorce coming into force in April 2022, it is expected that the process will likely be even more accessible to those not wishing to instruct a Solicitor in respect of the divorce element of formalising their separation.
Pros of a solicitor with a No Fault Divorce
It is however important to keep in mind that a Solicitor who is experienced in the Divorce process will be able to deal with matters far more efficiently and quickly than one who is completing the process for the first time and during a time where they are dealing with the emotional impact of a separation.
At Mayo Wynne Baxter, we always encourage clients to look into the Court portal and Divorce process themselves in the first instance when deciding whether they feel they require assistance from a Solicitor to deal with matters on their behalf.
What the new law means for separating spouses
The new ‘no fault’ Divorce law which is due to be implemented in April 2022 will provide a complete overhaul of the current system for obtaining a Divorce; however, it will not affect the finances of a marriage/civil partnership. It will therefore remain just as important to obtain advice in respect of your rights and legal obligations concerning the finances of the marriage.
Protecting your Finances
Whilst the Divorce process is straightforward and can be undertaken by parties acting ‘in person’, simply obtaining your Decree Absolute (soon to be known as a ‘Final Order’) to formally dissolve your marriage or civil partnership will not deal with the dismissal of your legal obligations to one another. It is therefore imperative that alongside any Divorce proceedings, whether it be now, or following the new law being implemented in April 2022, that the finances of the marriage are dealt with formally by way of a Consent Order, or Financial Remedy Order, to ensure that your respective financial claims against one another are formally reviewed and dismissed, if appropriate.
What is a Consent Order/Financial Remedy Order?
A Consent Order/Financial Remedy Order is a document that requires careful consideration and needs to be carefully drafted in order to be tailored to your specific circumstances and ensure it meets with your understanding of any agreements reached. The Court’s online portal cannot assist with the drafting of such a document, and it is important that the Consent order is tailored to your specific circumstances. Where one has a limited budget, it is important to consider focussing that budget on obtaining advice in respect of your potential legal rights, and the drafting of a Consent Order.
Pros of a solicitor when obtaining Consent Order/Financial Remedy Order
It is always important to obtain legal advice in respect of the division of the finances of the marriage as there is no substitute for legal advice that is tailored to your own personal situation; an agreement appropriate in one set of circumstances will not be so for another.
Further, in England and Wales, we have a discretionary system, there is no prescriptive formula that can be used to determine the division of the financials of the marriage. A solicitor will provide advice which is tailored to your own personal circumstances and based upon their experience, taking into account precedents which have been set by recent cases and legislation. It is, therefore, useful to obtain legal advice at an early stage when considering the division of the finances, to ensure that you have a realistic understanding in respect of how your finances may be resolved.
Achieving an agreement with Mediation
Following the obtaining of initial advice many clients then choose to attend mediation with their spouse, in order to assist with negotiations. It can therefore be useful to have a Solicitor in the background to provide advice when required.
Once an agreement is reached it is important that a Solicitor drafts this on behalf of one party to ensure that it is drafted correctly and dismisses your respective claims where appropriate. Where the Consent Order has been drafted by your spouse or civil partner’s Solicitor it is important to obtain legal advice in respect of the content of that Order, to ensure that the Order reflects the agreements as you understand them to be.
At Mayo Wynne Baxter we have specialist Family Solicitors who will provide tailored advice based upon your requirements, whether it be an initial consultation with ad hoc advice whilst you are attempting mediation, or to assist you with undertaking negotiations directly with your spouse or civil partner.
To find out more about the services we can offer, please do contact our experienced Family team at Mayo Wynne Baxter by telephone on 0800 84 94 101.
When a person dies without a Will, the law states who will inherit. This law is known as the rules of intestacy. The law is the same for everyone, and there is a strict order of priority for inheritance, which broadly follows the family line. It does not take into account individual family circumstances and cannot be changed without the agreement of the beneficiaries who inherit. It is essential to prepare a family tree when dealing with the estate of a person who has died without a Will, to make sure that the estate is distributed correctly. Although this is a brief introduction to the order of priority and inheritance, the rules of intestacy can be complicated and should consider taking legal advice before dealing with the administration of the estate.
Married couples
Where one half of a married couple dies, the surviving spouse will inherit from their estate. What they inherit depends on the size and nature of the estate, and whether the deceased also had any children.
Where the deceased had no children, the survivor will broadly inherit all the deceased’s assets, subject to some exceptions, such as joint property owned with another person.
Where the deceased had a spouse and children, if the value of the estate is under £270,000, the surviving spouse will inherit the entire estate. If over £270,000, the assets will be split between the surviving spouse and the children. The surviving spouse will receive the first £270,000 in the estate, as well as all the deceased’s personal possessions. Anything left over will be divided into two. The spouse will take half, and the deceased’s children will inherit half.
Children
Where the deceased had no surviving spouse but did have children, the children will inherit their parent’s estate equally. If any of them have died before the deceased, leaving children of their own, those children will inherit in their parent’s place.
Remoter relatives
If someone dies without a spouse or children, their wider family will inherit. In priority order, their parents, siblings, nieces and nephews, grandparents, aunts and uncles or cousins will inherit. If there is more than one person in the class (i.e. if the deceased had two surviving parents), they inherit equally. If they leave no surviving family, the estate passes to the Crown. Friends and loved ones who are not blood relatives do not inherit. Once someone from the class has been identified, it is not necessary to look any further, so if the deceased’s parents survive them, they inherit the entire estate, and the inheritance does not filter down the list.
Cohabiting couples
Unfortunately, the intestacy rules do not provide for couples who are not married, no matter how long they have been together. If your partner has died and you were not married, you will not inherit their estate under the intestacy rules. The exception to this rule is joint property, for example, a house or bank account in both names, which may pass to the survivor. It is important, if you are in this situation, that you take legal advice as we will be able to advise you of your rights and entitlements.
We know that every family is different, and the rules of intestacy can seem unfair. If you do not have a Will, it is important to make one, to ensure that your estate is distributed in accordance with your wishes. If you know someone who has died without a Will and the intestacy rules does not result in an adequate provision for their loved ones or dependents, we may also be able to help you.
Civil Partnerships vs Marriage
A Civil Partnership is an alternative way of registering a relationship between two people who are not related to one another. The legal provisions of Civil Partnerships are set out in the Civil Partnership Act 2004. Civil Partnership offers a secular alternative to marriage, although it is possible to have a separate religious ceremony performed after the Civil Partnership is registered. The Marriage (Same-Sex Couples) Act 2013 enables Civil Partners to convert their Civil Partnership into a marriage if they wish.
Following the Supreme Court case brought by Rebecca Steinfeld and Charles Keidan in June 2018, a legal ruling was made allowing Civil Partnerships to apply to both same-sex couples and to opposite-sex couples.
The eligibility to marry or form a Civil Partnership is identical for both same and opposite-sex couples. Both people must be over 16 (with parental consent if under 18), they must not already be married or in a Civil Partnership, and must not be closely related.
Civil Partners cannot, however, refer to themselves as being married. In the same way as a couple wishing to marry, partners must give notice within the local authority where they live 29 days before the formation of the Civil Partnership. Certain religious groups will agree to their premises being used for the registration of Civil Partnerships, but not all, so it is worth checking this before deciding your venue.
A valid opposite-sex marriage formed in the UK will be recognised abroad. However, it is always best to check if your same-sex or opposite-sex Civil Partnership will affect any rights you may have if you move to live overseas.
There are some differences between Civil Partnerships and marriages when it comes to divorce or dissolution. Currently, a divorce or dissolution is obtained by relying on certain facts to prove that Civil Partnership or marriage has broken down irretrievably.
In the case of marriage, there are five facts, which are adultery where the applicant finds it intolerable to live with the respondent, unreasonable behaviour by the respondent, desertion for 2 years, separation for 2 years with the consent of the respondent and separation for 5 years.
To obtain a dissolution of a Civil Partnership, the facts that can be relied upon are the same as for marriage, except for adultery, which is not available.
Civil Partnerships and Tax
Civil Partners are entitled to the same exemptions as married couples in relation to Inheritance Tax, Capital Gains Tax, Social Security Benefits and pension benefits. Civil Partners are also recognised equally with married couples in relation to life insurance. Civil Partners can also be entitled to automatically inherit their partner’s assets, including their pension.
Couples who decide to cohabit, without a legally binding, recognised relationship status, will forego these financial benefits.
What are my rights in the UK?
Civil Partners are entitled to the same property rights as married couples in the UK. On dissolution of the Civil Partnership, they are entitled to the same financial remedy Orders in relation to sale or transfer of properties, pension sharing, and maintenance.
Civil Partners also automatically acquire Parental Responsibility for their children by virtue of their Civil Partnership. Civil Partners can apply for orders under the Children Act 1989 in relation to the arrangements for the children where there is disagreement on the breakdown of the relationship. Civil Partners can also apply for financial provision for the children under Schedule 1 of the Children Act 1989. These rights are identical to those of married couples.
As can be seen, entering into a Civil Partnership will provide you with benefits, both financial and otherwise, akin to being married.
If you have any questions or would like to obtain advice about your position, the Family Team would be happy to hear from you.
How to help out your family with tax-free gifts
Ostentatious wealth is no longer appealing in times of pandemic and many people are looking into their families’ tax arrangements and how to pass on their assets within the family.
The easiest way to help children and other family members is via regular gifts out of income. This is efficient as inheritance tax (IHT) is not charged on gifts made from a person’s ‘excess income’, which is the extra income not required to maintain the person’s usual standard of living. There may be difficulties in proving that the gifts came out of the ‘excess income’ and the advice is to keep detailed records of your regular incomings and outgoings.
Parents can also pay school fees for the grandchildren on behalf of their adult children and these payments can be IHT exempt if they are regular and paid from the excess income. The gifts are also protected if the child divorces or becomes bankrupt.
If the school fees are paid from savings – i.e. not from excess income – the donor will have to survive the gift by seven years to reduce their IHT liability.
How much money is eligible for a tax-free gift?
Based on current rules, it is possible for the individuals to gift assets or cash up to £3,000 in a tax year which will not be included in their estate for IHT purposes at the date of their death. Gifts worth more than £3,000 are called potentially exempt transfers and may be subject to IHT if the donor dies within seven years from the date of the gift.
Parents can gift up to £5,000 to their children as a wedding gift and grandparents £2,500. Unlimited gifts of up to £250 are also allowed to as many people as you like.
Using a family trust to gift wealth
Using family trusts is an alternative to pass wealth down to younger generations, and there is a limit of £325,000 per individual – or £650,000 per couple – which can be ringfenced into a trust without triggering an immediate IHT charge. However, the taxation of trusts is complex and specialist tax advice must be sought before creating new trusts.
How much money should you give as a gift?
Finally, donors must be careful not to give away too much. Their income may have been reduced by the drop in dividend yields or pension funds reduced by the recent market downturn. Parents need to reassess what they need for themselves and not deprive themselves of assets. A word of warning is to only gift what you can afford to lose forever as if you make a gift and take some benefit back – i.e. gift of a property to children but the parent is expecting some income back – then for IHT purposes, this will be treated as if the parent had never made the gift and can lead to tax penalties.
I am an optimist. One of the good things that has come out of this pandemic is probably that people have spent more time together and have focussed their minds on their families’ circumstances, valuable personal relationships, wishing to look after each other. We have seen endless mortality stats and excess deaths, which has probably created the perfect opportunity to revisit issues like transfer of wealth and discuss some fundamental questions.
Our Probate Trusts and Wills team at Mayo Wynne Baxter is here to discuss probate and inheritance tax advice and if you have any questions, please do not hesitate to contact us here.
Legal routes available
Often grandparents are closely involved in their grandchildren’s lives and upbringing, and as a result they are often the first port of call when the parents are having difficulties or are struggling to care for the children themselves.
Child Arrangement Orders
The term ‘custody’ no longer exists in relation to Orders for children to live with a specific person. Under section 8 of the Children Act 1989, a type of Child of Arrangement Order called a ‘live with’ order can be applied for which determines, as the name suggests, the individual(s) with whom a child should live.
Special Guardianship Orders
Alternatively, Special Guardianship Orders can be obtained under section 14A(1) of the Children Act 1989 in certain circumstances and were introduced to bridge the gap between Child Arrangement Orders and adoption as they provide a stable and permanent home to a child without legally severing the ties to their birth parents. Sometimes this makes it a more suitable approach.
What is required to apply for Orders?
If grandparents wish to apply to the Court for orders in relation to their grandchildren, it is compulsory that they first attend a Mediation Information and Assessment Meeting (MIAM) with a qualified family mediator, to see if matters can be resolved using alternative dispute resolution, avoiding the need for Court proceedings. Where the parties are unable to reach an agreement, the mediator will issue an FM1 form which must be sent to the Court with applications. Grandparents will be exempt from attending a MIAM if emergency proceedings have been issued, or the Local Authority is issuing care or supervision proceedings in relation to the children.
Do I have an automatic right to apply to Court?
In most circumstances, grandparents do not have an automatic right to apply to Court for orders concerning their grandchild, and it is likely that the permission of the Court will need to be sought.
However, there are exceptions to this rule, and in the following circumstances, grandparents do not need to apply for permission of the Court first:
- Where the grandparent is already named in a Child Arrangements Order as the person with whom the child is to live.
- Where the child has lived with the grandparent for at least 3 years, not necessarily continuously, but not more than 5 years previously. Residence with the grandparent must not have ended within three months of the application.
- Where you are a relative and the child has lived with you for at least 12 months immediately prior to your application.
- Where there is a Child Arrangements Order already in force and the grandparent has the permission of each person who is named in the order as a person with whom the child should live.
- The grandparent has the permission of those who have Parental Responsibility for the child (if any).
- The grandparent has Parental Responsibility, for example, because they are named in a Child Arrangements Order as a person with whom the child is to spend time, but they are not named as the person with whom the child should live.
If you do not fall into one of the above categories, you would have to make an application to the court for permission to apply.
Who has Parental Responsibility priority?
All birth mothers automatically have Parental Responsibility for their children (unless the children have been adopted). Having Parental Responsibility gives someone the ability to make decisions in relation to the childs schooling, medical treatment etc. Parents who are married at the time of the birth, or subsequently marry, will both acquire Parental Responsibility, as do those who are named on a child’s birth certificate since 6 April 2009.
Grandparents cannot make stand-alone applications for Parental Responsibility. In the event the Court makes a ‘live with’ Child Arrangements Order or a Special Guardianship Order in favour of a grandparent, they will often make a Parental Responsibility Order at the same time, without the need for a separate application.
Special Guardianship vs ‘live with’ Order
A Special Guardianship Order is more secure than a ‘live with’ Child Arrangements Order because lasts until the child is 18, and a parent will need the permission of the Court to apply to have the Special Guardianship Order discharged. A Child Arrangements Order, on the other hand, will come to an end when the child reaches 16.
A Special Guardianship Order does not bring the legal relationship between the parent and their child to an end, and Parental Responsibility will not be removed from the parents. Special Guardianship Orders give Special Guardians an enhanced form of Parental Responsibility which can be exercised to the exclusion of others, save for specific exceptions. For example, Special Guardian’s cannot act independently of parents with Parental Responsibility in matters where their permission is required by law, for example, sterilisation or circumcision of the child, adoption proceedings, change of the child’s name or removing the child from the UK for more than 3 months.
Permission to apply for Child Arrangement / Special Guardianship Orders
If an application to the Court for permission to apply for a Child Arrangements Order or Special Guardianship Order is made, notice must be served on anyone who has Parental Responsibility for the child, which in certain circumstances can include the Local Authority.
What is a Viability Assessment?
Where there are serious concerns about the parents’ care of the child, or there is ongoing care, emergency protection or supervision proceedings, the Local Authority will often carry out an early Viability Assessment of grandparents, to assist in their decisions about who should care for the child. The Court will place significant weight on such assessments. Grandparents can apply for the leave of the Court to make an application, and to be joined in any ongoing proceedings, in order for the Court to consider their application for Special Guardianship.
What is assessed?
For the Court to grant permission to a non-parent to apply for a ‘live with’ Child Arrangements Order or Special Guardianship Order, there must be compelling reasons to depart from the presumption that the child will be better cared for by a biological parent. The Court takes into account the welfare of the child, but at this stage it is not their paramount concern. The Court must also consider:
- The nature of the application being made.
- The grandparent’s connection with the child.
- Any risk that the application will disrupt the child’s life to such an extent as to cause the child harm.
- Where the child is looked after by the Local Authority, what plans are in place for the child, and the parents’ wishes and feelings. Once permission to apply is granted
- If the Local Authority is not already involved with the children, once you have the permission of the Court to make an application for a Special Guardianship Order, you must serve the Local Authority with notice of your intention to apply, three months in advance of issuing it at Court. This notice triggers the Local Authority to prepare a detailed report, without which a Special Guardianship Order cannot be made.
The report will deal with background information about the child, family and prospective Special Guardians, the child’s wishes and feelings, their cultural and religious upbringing, and arrangements for contact with relatives and other relevant people. The report must take account of any harm the child has suffered, or the risk of harm posed by the parents in future. The report also considers the implications for the child, alongside the child’s current and historic relationship with the proposed Special Guardian, and will assess the merits of making an Order. The report will also need to comment on the parenting capacity of the proposed Special Guardian and how the proposed order might meet the child’s long-term needs. The report will provide the Court with recommendations.
The Local Authority must also provide support services, such as respite care, counselling, and financial support for Special Guardians, and must make an assessment of what is needed and what can be provided. These assessments can be challenged, and so it is important for potential Special Guardians to obtain legal advice if they are unsure whether the support offered to them by the Local Authority will meet their long-term needs. In some circumstances Local Authorities can offer alternatives to Special Guardianship Orders, such as kinship fostering arrangements.
If you would like further advice or information concerning grandparents’ rights our specialist Family Team would be pleased to hear from you and can be contacted on 0800 84 94 101 or complete our contact form and we will call you back.
Who pays the inheritance tax (IHT) the giver or receiver?
In the majority of cases where someone has died and the assets in their estate exceed the allowance for their circumstances, then the estate will pay the inheritance tax. This means that the Executors (if there is a will) or Administrators (if there is not) are responsible for organising the payment of IHT to be made to HMRC. The IHT is generally paid directly from the bank account, or other qualifying assets, of the deceased.
Who is liable for IHT?
One of the historical issues around this problem is that a large amount of IHT has to be paid before a Grant of Probate or Letters of Administration (if there is no will), is issued by the Court. If there are no liquid funds in the estate, for example just property and no cash, HMRC will expect the Executors/Administrator’s to obtain a bridging loan to pay the initial amount so that the Grant can be issued and the property in the estate sold. If this is not possible in exceptional cases HMRC will issue what is called a Grant on Credit. This is very technical and something which one would need to take specific legal advice on. The IHT owed is then repaid as soon as the property in the estate is sold.
However, there can be a trap with the payment of IHT, whereby you will be personally liable for the tax, of which many people are unaware. If the deceased made lots of gifts during the seven years prior to their death and these exceed the deceased nil rate band of £325,000, then the recipient of the gift is liable to pay the IHT. This can catch people out who have received gifts in the years previous to death and all the money has been spent. It can be difficult to then find 40% of the value of a gift which would be due to HMRC at that stage.
What is a gift for IHT purposes? This can be cash, investments, property, cars, jewellery, art, furniture and the list goes on. Anything which has value and has the effect of reducing the value of the estate of the person making the gift is a gift for IHT purposes.
Over the years I have calls from many clients asking if they can give their house to their children but remain living in the property. This is an absolute no no as HMRC will still consider that asset to be part of the deceased estate and they will pay IHT on the full value, despite paying for the transfer and leaving themselves vulnerable with no security of tenure within their own home. We call these types of gifts, gifts with reservation of benefit, and even if the transfer was made 20 years ago or more, you cannot eat your cake and have it too.
Do you pay tax on inherited money in the UK?
Inheritance tax, deceased estates and lifetime tax planning are complex areas. There are many solutions available and it is important to consider all of the taxes in turn before deciding to make a gift or giving money into a trust. We have a very experienced team on hand to advise and plan on all the aspects I have mentioned above and can help with as much or as little as you require.
My advice? Ensure that your affairs are in order with proper planning to reduce any nasty surprises later down the line! Contact us today to find out how we can help.
Is an employee entitled to notice pay if they have been on long term sick pay?
Our clients question
We have an employee who has unfortunately been off sick for a long time. He has exhausted their entitlement to sick pay, and we have received a medical report which confirms he will not be fit to return to work for the foreseeable future. We have no suitable redeployment options available. We are currently discussing the situation with him, and he has asked us to confirm what he would be entitled to if he is dismissed due to ill-health, particularly bearing in mind that he has exhausted his sick pay entitlement. Would he be entitled to notice pay in this situation?
Answer
The employee will be entitled to notice in accordance with his contract, or the statutory minimum notice if that is greater. The statutory minimum notice required by an employer is 1 week for each year of service, up to a maximum of 12 weeks. So, for example, if a contract of employment says that someone is entitled to 4 weeks’ notice, but they have been employed by the employer for 6 years, they will be entitled to 6 weeks’ notice.
However, the position regarding notice pay when someone is dismissed due to ill-health in these kinds of circumstances can be complicated, because it isn’t necessarily straightforward whether they should receive pay for their notice period or not.
Logic suggests that if the employee has used up their entitlement to sick pay, then they should not be paid for the period of notice – after all, if the employer did not dismiss and simply left them as an employee, then they would not get paid. However, the law is not that logical or simple! Under the legislation, an employee in this situation is entitled to be paid for notice of dismissal given by their employer if their notice period is either the statutory minimum, or up to 6 days more than the statutory minimum. However, if their notice period is 1 week or more greater than the statutory minimum, they are not entitled to be paid during their notice period.
Here are some examples help to illustrate the workings of this strange statutory provision:
An employee has a contract of employment which provides for 1 month’s notice. The employee is dismissed after 30 months due to ill health and his entitlement to all sick pay has been used up. He is therefore entitled to statutory minimum notice of 2 weeks (2 full years’ service). His contractual notice at 1 month is more than 1 week greater than this, so the employee is not entitled to be paid.
The same employee has 4 years’ service when he is dismissed. His statutory notice is now 4 weeks, so he is entitled to be paid as his contractual notice of 1 month is less than 1 week more than his statutory notice.
An employee with 20 years’ service has a contract of employment which provides for 3 months’ notice. She is dismissed for ill health and her entitlement to all sick pay has been used up. Jer statutory notice is 12 weeks (the maximum), so her contractual notice at 3 months is 1 week more than this. She is therefore not entitled to be paid.
The same employee has a contract which provides for 1 month’s notice, or one week for each year of service up to a maximum of 12 weeks, whichever is the greater. Her notice entitlement is therefore 12 weeks, which is the same as her statutory notice. She is therefore entitled to be paid.
It is worth noting that the position may be different if the employer makes a payment in lieu of notice, so if you are considering doing that then it is best to take advice (we can help!).
So why was the legislation drafted in this way? We have no idea! The rules have been like this for many years, and we have never understood the logic behind them, nor have we read anything which shines any light on the thought process (if there was one!) which went into the drafting.
Please do contact our Employment Team if you need assistance with any aspect of employment law.
Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.
Family life is everything to all of us and when a part of that breaks down, whether it be a marriage breakdown or separation from a partner or problems regarding arrangements for children; we are here to help.
We understand that making the initial contact with a law firm at what is already an emotional time can be a difficult decision to make. We want to ensure that from the very start, you feel well informed about the process and what steps we take to give you the best advice possible from the outset up to the conclusion of your matter.
Where are Mayo Wynne Baxter located?
Our Team is based throughout Sussex. We have offices in Eastbourne, Seaford, Brighton, Lewes, East Grinstead, Peacehaven, Storrington and Crawley.
Due to the Pandemic face to face appointments have been replaced with telephone or zoom appointments over the past 18 months. However, face-to-face appointments will be available, if preferred. Some people will prefer online meetings as it is often easier to fit around work or childcare and we are still very much open to facilitating meetings in this way.
How can you contact us?
Email – enquiries@mayowynnebaxter.co.uk
Contact form – enter your details and we will call you back within the hour
Webchat – Pop’s up when you are on the website in the bottom right corner – speak to a real human, no robots!
Telephone – 0800 84 94 101
All initial enquiries are passed to one of our paralegals who have an understanding of the law and who will be able to take the relevant details from you and arrange an appointment at a date and time to suit you.
Costs
One of the first questions new clients ask is how much the process will cost. We offer an initial fixed fee appointment at a fee of £250 plus VAT. The cost of the initial appointment will be confirmed to you by the paralegal when arranging the appointment with you. During the appointment the legal advisor will be able to provide you with a further estimate of costs based on the circumstances of your case. A guide to how much particular cases tend to cost from start to finish are published on our website.
Family Fees
The benefits of a Fixed Fee Appointment
Our fixed fee appointment is designed to give you a full overview in relation to all your options and ensure that you come away with the answers to any questions you may have about your particular circumstances. You will receive advice on where you stand legally to enable you to make an informed decision on how you wish to proceed. The appointment is likely to last 1 – 1.5 hours. We understand that after this appointment you may need time to go away and think about your options, or you may feel ready to instruct us so that we can help you resolve your matter.
We understand many people are reluctant to provide detailed information to a non-solicitor before their appointment, however, it often helps the solicitor to gain an understanding of each case and ensures more time is spent discussing the relevant issues and options during your meeting. We will also send you a pre-appointment questionnaire which you can choose to fill in if you want to provide some additional information.
Information we need from you:
To enable an appointment to take place our Paralegals require the following:
- Contact details of all parties
- Names
- Addresses
- Dates of birth of both parties
All information provided to us is completely confidential. We will need to do a conflict check to ensure there is no conflict, i.e. we have already spoken to your spouse/partner.
Background Information
Our paralegals will ask you for some background information in relation to the advice sought. It is helpful to provide as much information as possible at this stage as the information provided will enable the advice you receive to be tailored to your specific needs.
Setting up an appointment
The paralegals will arrange an appointment for you at a date and time to suit you. Appointments can take place over the telephone, via Zoom and if appropriate, face to face.
A confidential file will be opened for you and our Database Team will email you a welcome letter which sets out our terms and conditions together with our anti money laundering identification policy.
All clients are required to provide us with identification documents which must be dated within three months, together with confirmation of instruction before any appointment can take place. This will be emailed to you prior to your appointment.
Once a file is opened an email will be sent confirming the date and time of appointment together with details of how to make payment prior to the appointment.
If you have been recommended to one of our team, please let us know at the outset and every effort will be made to arrange an appointment with that specific legal advisor.
We do not underestimate how difficult making that initial contact with us is, whether it be in relation to seeking advice in relation to divorce, separation from a partner or difficulties in relation to arrangements for children following a breakdown in a relationship. All our paralegals have vast experience in identifying the issues you may have and will show empathy and understanding at the outset to ensure the process is as seamless as possible.
We want to ensure we look after all our potential clients as best we can and to ensure we are doing that; we commit ourselves to being ‘mystery shopped’. This provides us with the feedback we need to ensure we always offer a high level of service, whether an existing client or not.
Legally binding agreements can take many forms, some of which may surprise you: emails, messages and even conversations can all count. A recent case has shown that a verbal agreement could be enforced in court.
The building blocks of a legally binding agreement
For an agreement to be legally binding, it must contain 4 elements: offer, acceptance, consideration, and an intention to be bound by the agreement.
Offer means that one party offers to do something for, or give something to, the other. Acceptance means that the other party accepts the offer unconditionally.
It doesn’t matter how big or small the offer is or how difficult or easy it is to do.
Consideration refers to something of value that is gained through the agreement.
Each side must promise to give or do something of value (or not to do something) in return for what the other promises to give or do (or not do).
What each party promises to do or give doesn’t have to be of equal value, as long as the offer is accepted unconditionally.
Once the first 3 elements are present, the only remaining – and crucial – requirement is that both parties intend to be bound by the terms of the agreement. In other words, each party intends the other to hold them to the agreement and to be able to legally force them to stick to it.
The medium of a legally binding agreement
To be legally binding, an agreement doesn’t need to be signed or in any particular format – as long as all 4 elements are present.
In fact, it doesn’t even need to be in writing (besides a few exceptions).
However, it’s much easier to confirm that an agreement is legally binding if there is something in writing (e.g. an email, written statement, letter etc.) to confirm exactly what terms were agreed.
When an agreement is verbal and its terms are disputed, the terms may be so uncertain that the agreement becomes too vague to be enforceable. Other evidence can be used to determine what terms were agreed and helps avoid this situation.
A case in point
A recent High Court decision confirmed that even a phone conversation can result in a legally binding agreement.
The case
A property developer had an agreement with a construction company to build student accommodation.
The project didn’t go to plan. Both sides blamed each other for delays and felt they could make a legal claim.
The directors of the 2 companies discussed the dispute by telephone.
The construction company claimed that the conversation resulted in a legally binding agreement between the 2 companies not to pursue their respective claims.
The property developer, however, denied this and proceeded with their claim.
The High Court
The court had to decide whose perspective was a true reflection of the conversation. They could only do this using witness accounts of the immediate actions of each party after the conversation; documents; internal correspondence; and the follow-up exchanges between the parties.
The court found the construction company’s evidence of the conversation to be more credible as they’d communicated what they believed to be the agreement to colleagues immediately afterwards. Based on the evidence, the court felt that the telephone conversation had included an offer, acceptance, consideration and an intention to create legal relations.
As a result, the property developer wasn’t allowed to proceed with their claim.
What this means for you
Don’t assume that the lack of a traditional written contract means there’s no agreement.
Legally binding agreements are created every day in many ways and often without much thought, e.g. in person, over the phone, by email etc.
If the 4 elements are present, you may be entering into a legally binding agreement whether you’re aware of it or not.
This case also demonstrates that when you knowingly enter into a verbal agreement, it’s important to have other (especially written) evidence to prove exactly what the terms of the agreement were and that it’s legally binding. We have a range of documents available to help you do just that.
This way, if the other party breaks the terms of the agreement, you’ll be in a better position to act.
On 29 April 2024 important updates took effect in the Family Procedure Rules (FPR) with hopes to encourage parties to participate in ‘non-court dispute resolution’ in family law proceedings.
The family law courts are overwhelmed and are struggling to keep up with an ever increasing demand which results in long delays and hearings often being adjourned at short notice due to lack of Judge availability. The changes in the FPR in relation to the resolution of private family law arrangements sees an aim to promote early resolution outside of court through ‘non-court dispute resolution’. The definition of non-court dispute resolution in FPR 2.3(1)(b) will be expanded to mean ‘methods of resolving a dispute other than through the court process, including but not limited to mediation, arbitration, evaluation by a neutral third party (such as a private Financial Dispute Resolution process) and collaborative law’.
The MIAM procedure (which is the Mediation Information Assessment Meeting) is also being altered. Parties have been required to attempt mediation before the issue of court proceedings since 2011 and the completion of a MIAM form has been required when filing a financial application. The mediator was able to complete the MIAM form and state that mediation was not successful which would be sufficient to instigate court proceedings. Under the amended FPR 3.9 (2) MIAM providers will now be required to explain to parties the various non-court dispute resolution options available to them, to provide advice as to which may be most suitable and why and also to provide guidance on how to proceed with those options. Being provided with this information will hopefully encourage parties to resolve their matters outside of court prior to the costly and timely issue of a court application.
A further amendment to FPR 3.3 (1A) introduces a new rule in which parties attending MIAM will be required to complete a form outlining their views on engaging with non-court dispute resolution to resolve the issues raised in the proceedings. This form will be required to be filed with the court and served on all parties, verified by a statement of truth, in a time period set down by the court. Also with the aim of promoting the early resolution of private family law arrangements outside of court FPR 28.3(7) has been amended to enable the court to now consider, in determining costs orders, the failure of any party, without good reason, to attend MIAM or any other non-court dispute resolution. With the threat of a costs order being made against them it is hoped parties will be encouraged to settle their matters outside of court through other methods.
A further amendment to FPR 3.4(1A) hoped to encourage parties to undertake alternative methods of resolution means it will no longer be necessary to have the agreement of all parties to adjourn proceedings in order to explore alternative options. This will be allowed where ‘the timetabling of proceedings allows sufficient time for these steps to be taken’.
Finally, some key wording has been amended. The term ‘domestic violence’ has been amended to ‘domestic abuse’, in line with the Domestic Abuse Act 2021, across the Family Procedure Rules and Practice Directions. In circumstances where domestic abuse applies parties are exempt from MIAM requirements. However, further wording has changed from the term ‘unreasonable hardship’ to ‘significant financial hardship’ in the aim of tightening provision within in FPR 3.8(1)(c)(ii)(ad).