January 20, 2020 | Posted by : J Morris
Finding the right local solicitor can be a case of trial and error, personal recommendation, or just sheer luck, and there’s no one-size-fits-all option. To work with a solicitor – particularly when it comes to long-term proceedings such as divorce – you need to be able to get along, understand one another, and, as a client, be assured that your lawyer is acting in your best interests.
Choosing a local solicitor is generally the most convenient, as it will be easier to arrange appointments, and they will be familiar with the local courts, timescales, processes, and other local law professionals. Many solicitors offer a free initial consultation in which you can discuss your ...
January 13, 2020 | Posted by : J Morris
Thinking of moving house in 2020? The New Year can be a great time to get the ball rolling! The property market often quietens down over the holidays so you may be able to take advantage of the downtime and secure a great deal.
The very first thing you want
to do is contact a solicitor to chat about your options, your plans, and the
legal side of things. (P.S. You can get a FREE
conveyancing quote from our lovely property
solicitors to help you get things started.) The sooner you have all your
paperwork prepped and ready to go, the faster, smoother (and cheaper) the
entire process will be.
Whether you’re buying or
selling (or ...
January 06, 2020 | Posted by : J Morris
Whether you subscribe New Year’s resolutions or not, the shift into a brand new year always brings an inevitable feeling of change. Maybe you’re planning on moving house in 2020. Maybe you’re embarking on a new relationship, or coming to the end of a difficult one. Maybe your family is expanding, or your career is at a crossroads, or you’re thinking of retiring. Whatever 2020 has in store for you, it never hurts to look to the future and consider how to make things as secure and streamlined as possible.
Big life decisions can be scary, so it really helps to have a ...
December 28, 2019 | Posted by : J Morris
we talked about the importance of prenuptial agreements (and even pet-nups for your furry friends!), but for unmarried couples the
situation is slightly different as they are not protected by the
same legal rights as married couples and property rights are very different if you are cohabiting. A
cohabitation agreement helps to fill these gaps and protect the assets,
finances, and security of cohabiting couples should they decide to separate in
Under current UK family law, if a cohabiting couple separates and
there is no agreement in place, they will not necessarily have any legal right to
assets and property unless they are in joint names. This ...
December 19, 2019 | Posted by : J Morris
A Decree of Judicial Separation
is a court order in which a couple’s marital obligations cease despite them
remaining legally married. This form of separation means that they are longer
recognised by law as being a couple without having to go through the process of
There are various reasons why a couple might not want to get divorced while still wanting to officially be separated, for example if their religious or cultural beliefs preclude divorce, or if they have been married for less than 12 months, or if the reasons for irretrievable breakdown of the marriage are difficult to prove.
Another very good reason for choosing Judicial Separation over divorce is if ...
December 10, 2019 | Posted by : J Morris
As the year comes to a close, it’s
natural to find ourselves thinking about the future and trying to process
what’s happened over the past year. If you’re currently in a struggling relationship,
considering separation, or in the midst of divorce, this time of year can be
particularly fraught and emotional, as you attempt to deal with a huge life
change alongside all the pressures of Christmas. Stressing about money, making
children’s arrangements, seeing family and friends, trying to maintain a social
life, juggling work and housework and dealing with legal issues… It all piles
up, and the annual headlines about spikes in new year divorce applications are no
coincidence – things often build up to bursting point and come to a head over
the holiday period, acting ...
December 05, 2019 | Posted by : J Morris
When it comes to buying property and dealing with conveyancing issues, securing a mortgage is often the biggest hurdle you’ll face during the whole process. There are a multitude of variables that will affect your chances of getting a mortgage, depending on your circumstances and financial situation, but sometimes it has more to do with the property itself than your ability to pay for it.
When you’re house hunting, it’s
worth being aware that there are certain types of properties that lenders may
be warier of due to their age, location, or construction. This might mean your
deposit goes up, or it’s harder to get ...
November 25, 2019 | Posted by : J Morris
It’s important to update your Will whenever there are major changes in your life, and divorce is definitely one of them. If you made your Will while you were married, you will need to amend it to reflect your new marital status, and ensure that your estate will be handled correctly. Although your Will would still remain valid, after divorce, your ex would not benefit as a beneficiary, nor could they act as an Executor or Trustee. However, these changes would not come into effect until you receive your Decree Absolute, meaning if you died during the process of divorce, your Will would be handled as if you were still married.
If you don’t ...
November 18, 2019 | Posted by : J Morris
Out-of-court methods of dispute
resolution are generally quicker, faster, and less stressful than taking a case
to court, and as family lawyers we would always encourage couples to try one of
these options before pursuing litigation.
There are several alternatives currently available in England and Wales, with a further option for ‘no-fault divorce’ in discussion for the future:
information on any of these out-of-court divorce options, click the links
below, or contact us at www.franceslindsay.co.uk.
What is mediation?
mediation right for me?
Collaborative Family Law
November 11, 2019 | Posted by : J Morris
Family arbitration is something of a mid-point between other alternative methods of dispute resolution and the court process though it is unfortunately often overlooked or simply not made available to separating couples.
Family arbitration is suitable for couples who are unable to reach an agreement between themselves or with the support of a mediator and would prefer not to go to court but still need someone else to help make the decisions. The process involves appointing a joint family arbitrator to act as an objective decision-maker, in much the same a judge would do in the family courts. However, every aspect of the arbitration process remains private, and within a schedule agreed by both ...