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Finding the Right Local Solicitor

January 20, 2020  |   Posted by :   |   Blog

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 ...

New Year, New Home?

January 13, 2020  |   Posted by :   |   Blog

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 ...

Making Changes in the New Year

January 06, 2020  |   Posted by :   |   Blog

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 ...

Why You Need a Cohabitation Agreement

December 28, 2019  |   Posted by :   |   Blog

Last month 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 the future. 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 ...

What is Judicial Separation?

December 19, 2019  |   Posted by :   |   Blog

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 a divorce. 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 ...

Reducing Divorce Stress Over the Christmas Holidays

December 10, 2019  |   Posted by :   |   Blog

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 ...

Getting a Mortgage: Property Red Flags

December 05, 2019  |   Posted by :   |   Blog

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 ...

What Happens to Your Will After Divorce?

November 25, 2019  |   Posted by :   |   Blog

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 ...

Out-of-court options for divorce

November 18, 2019  |   Posted by :   |   Blog

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: For more information on any of these out-of-court divorce options, click the links below, or contact us at www.franceslindsay.co.uk. Mediation: What is mediation? Is mediation right for me? Collaborative Family Law What is ...

Family Arbitration: The Middle Way?

November 11, 2019  |   Posted by :   |   Blog

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 ...

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