October 09, 2020 | Posted by : J Morris
No fault divorce will finally be an option for separating couples in 2021, providing a more streamlined, less antagonistic method of dispute resolution by removing the element of blame from the process of divorce.
After years of campaigning for no fault divorce, the Divorce, Dissolution and Separation Bill received Royal Assent in June of this year, and will come into effect in the autumn of 2021.
Under current law, in order to get divorced in England and Wales, you must demonstrate your relationship has permanently broken down using one of the following grounds:
Separation for at least 2 years (if your spouse agrees to the divorce)
Separation for at least 5 years (if your spouse disputes the divorce)
The current system works ...
October 05, 2020 | Posted by : J Morris
When it comes to divorce, and dividing up assets, the largest financial concern most couples have to deal with is property. Unfortunately, this means it’s often the largest point of contention during separation negotiations – particularly if there are disagreements about living arrangements and how you’re going to keep up payments when one of you has moved out.
If you have a joint mortgage, you are ‘jointly and severally liable’ for it, which means you will need to come to an agreement about how the mortgage will be paid for after divorce, regardless of who is living in the property.
Essentially, lenders don’t really care whether you’re both paying your ‘fair share’ of the mortgage, so long as it’s paid. ...
September 28, 2020 | Posted by : J Morris
The delays to the Family Courts may have put a bit of a halt on divorce proceedings but that doesn’t mean you can’t make progress with your separation. A large part of the process comes down to proper preparation, negotiation, and communication, which means there are plenty of things you can be doing to help your case move forward towards a resolution.
Here are 10 ways to prepare for separation:
#1 Don’t make any rush decisions
It’s natural to want things over and done with as quickly as possible once you’ve taken that first step, but the separation process takes time and it’s never a good idea to rush into things without first taking a step back and looking at your ...
September 21, 2020 | Posted by : J Morris
As divorce rates rise as a result of lockdown and the financial pressures of the Covid-19 crisis, many couples are looking to separate only to find their plans put on hold before they even begin.
Delays to the Family Court are likely to stretch on into 2021, meaning that judicial decisions may be a long time coming, and increasing numbers of couples are considering out-of-court alternatives or private hearings to resolve their differences.
In many cases, given the current situation, it well may be more sensible to hold back on pursuing a financial settlement or taking your case to court for the time being, but that doesn’t mean you can’t make progress.
Taking a cooperative approach is the best ...
September 14, 2020 | Posted by : J Morris
Property prices in Britain are hitting an all-time high post-lockdown, raising the average to £320,265. A combination of increased demand following months of inaction and the rise in the stamp duty threshold seem to have contributed to price hikes, and average asking prices are 2.4% higher than they were in March 2020.
Estate agents reported a 75% increase in viewing inquiries in compared to the same period in 2019, and almost half of all new listings that were put up for sale in the month following the opening of the market in May have already been marked as ‘sale agreed’. Overall, the number of monthly sales agreed in England is up by 15% - in the week following ...
September 01, 2020 | Posted by : J Morris
We’ve tried our best to keep you up to date with all the latest guidelines when it comes to buying and selling property during the coronavirus outbreak, and the latest addition to the party is something called a ‘Covid clause’.
Since the property market re-opened in May, not only do we have to negotiate the usual potential pitfalls, such as gazumping, broken buyer chains, and deals falling through at the last minute, but what happens if somebody within the transaction falls ill with coronavirus or there’s a local lockdown when you’re about to move?
Enter the Covid clause. New provisions to house moving contracts are increasingly coming into play to help protect buyers and sellers in the event that ...
August 14, 2020 | Posted by : J Morris
At the beginning of lockdown, several domestic abuse charities reported a stark and concerning rise in enquiries for help. The National Domestic Abuse helpline received a 700% increase in calls during a single day, while visits to the website were 150% higher in March compared to February. Campaigners and support services expressed concern that the pressure of lockdown restrictions could exacerbate situations of domestic abuse and the Home Office launched the #YouAreNotAlone campaign along with £2m in funding to support helplines and online services.
At the beginning of July, the Government also announced an overhaul of how the Family Courts handle domestic abuse cases in an attempt to provide greater protection for victims. An panel of experts, made ...
August 10, 2020 | Posted by : J Morris
According to research by Rightmove, the experience of lockdown has made some big differences to what buyers and renters look for in a property. House hunters are now looking for more space, a garden, and home offices.
We’ve all had to acclimatise to months stuck in close proximity to our family and/or housemates, it’s no surprise that people are finding themselves in need of a little more space. In January, studio flats were the most sought after type of property on Rightmove, but since lockdown, two bed properties have taken the top spot, with a priority for more indoor and outdoor space.
The kitchen used to be the heart of the home when it came down to key marketing images, ...
August 07, 2020 | Posted by : J Morris
After three months of lockdown, ever-changing guidelines, and an uncertain future ahead, the effects of stress and pressure on relationships are beginning to show as family law professionals report an increase in divorce enquiries. Parents in particular are feeling the strain, attempting to juggle home schooling, work, and childcare while dealing with potential financial insecurity and all the other worries associated with the Covid situation.
Any one of these stressors could feel like the last straw to a couple whose relationship may already be going through difficult times. And as the intensity of the quarantine period eases off, many people are now considering making the decision to split. We have seen a definite increase in separation enquiries, combined ...
August 03, 2020 | Posted by : J Morris
The Government has scrapped stamp duty on property purchases of up to £500,000 until the end of March 2021 in a bid to boost the property market and help support home buyers and buy-to-let investors save on tax.
These changes could save buyers thousands of pounds, so if you’ve been considering making a move this year, now’s the time to get the ball rolling!
Here’s everything you need to know to take advantage of the new stamp duty threshold:
Previously, stamp duty charges would apply to purchases over £125,000 (or £300,000 for first-time buyers) but the threshold has been bumped up to £500,000 for all purchases in England and Northern Ireland until 31st March 2021. (Scotland and Wales have ...