December 03, 2018 | Posted by : J Morris
The holidays can be tough, even when you’re not going through a major life change, so if you’re facing your first Christmas after separation, you may be feeling a little overwhelmed…
At Frances Lindsay & Co we often find our divorce clients go into panic mode at this time of year, trying to make things ‘perfect’ for their kids, keep up with the Joneses when it comes to social activities and buying presents, or simply try to pretend as if they’re not dealing with a massive amount of stress. But this kind of approach will only lead to burnout, and a time that should be spent having a well-earned rest with your friends and family suddenly turns into another burden ...
November 25, 2018 | Posted by : J Morris
The debate around no fault divorce has been highlighted recently by the case of Tini Owens, a woman who claimed she was trapped in an unhappy marriage but was denied an appeal for divorce based on her husbands behaviour. Under the current family law system petitioners must choose from five facts to support the ground that the marriage has broken down irretrievably with the most common being ‘behaviour’, but even this requires proof and for the respondent to accept ‘blame’. For those in unhappy marriages, with no clear or provable reason for wanting to separate, the need to assign fault during divorce often causes additional and unnecessary ...
November 18, 2018 | Posted by : J Morris
One of the most frustrating things about selling a property is arranging endless viewings but not getting a single offer… According to a survey by Zoopla, most buyers make a decision about a property within a mere half an hour of viewing. There are many reasons why your property isn’t selling that are beyond your control – timing, location, the state of the market etc – but there are certain things you can do to encourage prospective buyers to put in an offer. And a number of issues that might put them off…
The longer your home sits on the market, the more it’s going to cost you, so it makes sense ...
November 11, 2018 | Posted by : J Morris
A proposal for a new option of ‘no-fault’ divorce is currently under consultation in a move that would completely reform family law in England and Wales. The overhaul would include removing the need for blame to be allotted to one party via grounds for divorce and streamline the process to enable couples to separate with the minimum of acrimony.
Under existing divorce laws there is only one ground for divorce which is irretrievable breakdown of marriage. This must be proven by one of the five facts which are:
Living apart for 2 years
Living apart for 5 years
Only the final two options allow couples to divorce without a specific ...
November 04, 2018 | Posted by : J Morris
It’s difficult to pin down the ‘average’ cost of divorce in the UK since there are so many variables involved: the method of separation you choose; the duration of the process; unexpected complications; and the price of moving house and other lifestyle changes etc. But there are ways to make the process run much more smoothly and effectively, not only reducing the cost but also minimising the stress and upheaval on you and your family.
The best way to reduce costs is to focus on the important issues. Arguing about pots and pans is costly and adds the length of time the divorce may take without adding anything to the outcome. Choosing ...
October 23, 2018 | Posted by : J Morris
When making a will or making probate arrangements, Inheritance Tax is a big worry for many people looking to leave as much as possible to their loved ones.
Inheritance Tax bills are on the rise – mainly due to increasing property prices. Despite the introduction of a £100,000 tax break in April 2017, the Government took £5.2 billion in Inheritance Tax in the last financial year (an increase of £400 million compared to the previous year) but with a little planning, you can minimise the impact of tax on your estate. Here’s how…
Tax Relief & Thresholds
There are two main tax allowances that determine how much Inheritance Tax you are eligible to pay. The ...
October 18, 2018 | Posted by : J Morris
Cohabitation is the fastest-growing type of family unit in the UK, doubling over the last 20 years. 1 in every 5 couples are cohabitants and half of all cohabiting families have children, but many couples are unaware that they are not automatically granted the same rights as married couples, leaving them with little to no legal protection. Cohabitants: know your rights! Make sure you take the necessary legal steps to protect you and your family with a cohabitation agreement, deed of trust, and an up-to-date will:
For more advice on your legal rights as a cohabitant, or for information on separation and divorce, property, making a will, or any other legal issue, get ...
October 11, 2018 | Posted by : J Morris
A proposal to overhaul divorce laws in England and Wales is being considered in order to reduce antagonism between separating couples and streamline the divorce process.
A consultation to introduce the option for ‘no fault’ divorce could offer couples the opportunity to separate without assigning blame to either party in what is being called a ‘landmark moment’ for family law.
In July 2018 an appeal was rejected by the Supreme Court to grant Tini Owens a divorce after her husband contested her grounds of feeling ‘unhappy’ and ‘unloved’. Due to the court’s decision, Owens is being forced to remain married until 2020. The case brought light to a long-called-for change to divorce laws in England and Wales, which require petitioners to ...
October 04, 2018 | Posted by : J Morris
When calculating your budget for buying a home, it’s important to consider the additional costs involved in the process, beyond the cost of the property itself.
The average upfront cost of completing a transaction is around £38,000, according to a study from TotallyMoney.
When you break it down, there are a number of fees and expenses involved in buying a property, and it’s vital to factor these into your budget to ensure you’re able to cover the initial cost and adapt your search accordingly.
For example, the main bulk of your budget will go into the deposit, which is usually between 5-20% of the total value of a property, but there are several other ...
September 20, 2018 | Posted by : J Morris
When a family member dies, the prospect of dealing with wills and probate arrangements can be overwhelming during an already difficult time, particularly when it comes to taxes and inheritance. Your solicitor is there to help you through the process and manage the deceased’s estate, and we’ve put together a step by step guide to make each stage feel more approachable.
Who Handles Probate?
In most cases, you will need to get a ‘grant of representation’ (also known as probate). Your first port of call should be a solicitor, who will help you to find out who has been officially appointed to deal with the estate and finances. If ...