OUR SERVICES:
Family Matters
We understand that any issue regarding family law is often complicated and difficult for you. Whether negotiating the complexities of a separation or responding to court documentation we can guide you through this with tailored family law advice. We know that dealing with family matters can feel overwhelming and distressing, which is why we offer a personal, understanding service with one-to-one legal help from our dedicated family law department.
We aim to ensure that we help you resolve any dispute as quickly and amicably as possible. It is always our intention to go to court only if really necessary, and we hope you will find that we offer a friendly, supportive service, whilst still fighting your corner, at every step of the way.
Our client care feedback rates the Family department as ‘excellent’ in all areas including value for money and availability.
Unfortunately, we do not offer Legal Aid but we will do our best to arrange payment plans best suited to your needs.
We are qualified to advise in all areas of Family Law.
These include:
Getting divorced or ending a civil partnership
Money following divorce or living together
Civil partnerships
Child Arrangements Orders for children (where the child lives and what contact takes place)
Child abduction or moving abroad
Pre and post-nuptial agreements
Co-habitation agreements
Advice prior to marriage or civil partnership.
Please call us today, to book a confidential appointment.
Modules that link to the other pages
DIVORCE & Separation
Separating or going through the divorce process can be challenging and complex. We’ll support you every step of the way, dealing with the legalities to help reach the best outcome.
Going through a divorce or ending a civil partnership is never easy. There’s a lot to work out with your finances, property and contact with any children, so we can be there with you through the whole process.
All our solicitors are members of Resolution and are committed to helping you reach the best possible outcome.
The divorce process
To get a divorce in the UK, there’s certain criteria you have to meet:
You must have been married for at least a year
Your marriage must have completely broken down with no chance of reconciliation
We are experienced and compassionate solicitors who are able to help you through this difficult and emotionally-charged time. We will help you work out your strongest grounds for divorce, or see if any alternatives to divorce might suit you. We offer a fixed fee for straightforward divorces which follow the usual process, anything in addition to this will be discussed separately and in advance of any work being undertaken.
If you don’t meet the criteria or you don’t intend to get a divorce, we can also help you arrange your finances and contact with children as part of a separation agreement.
DIVIDING FINANCIAL ASSETS
This can be challenging, but we always think it’s best if you can work out together a fair way of dividing the family finances. Every case is different, but some of the main things to take into account are:
Whether you have children and where they’ll be living
The family home and other properties
Pensions
Debts that have been accrued during the marriage
If you can’t agree, we can support you through a court financial remedy process. The court will consider all the different elements of your case including both you and your partner’s:
Income earning capacity, property and other financial resources, including any increase the court thinks you can easily make
Financial needs and responsibilities, including in the near future
Standard of living before the breakdown of the marriage
Contributions to the family, including looking after the home or caring for the family
Conduct if that conduct is such that it would be wrong for the court to ignore
Any benefits your partner will lose the chance of acquiring – most usually a pension
Ages and how long you’ve been married
Physical or mental disability
The court will aim to achieve fairness by looking at the needs of both you and your partner and any children under 18. They’ll also look beyond need to where assets should just be shared.
CHILD MAINTENANCE
Usually Child Maintenance is decided between you and your partner. If you and your partner can’t agree by using a child maintenance calculator, usually you’ll need to apply to the Child Maintenance Services to decide the child maintenance.
We won’t be able to help you contest the amount of child maintenance the Child Maintenance Services tells you to pay as that amount is legally binding.
Contact with children
We always strive to help clients to settle matters outside of court
We can host round table meetings with the other parent and their solicitor to try to find an agreed plan that works for you both. As part of this, we can create a consensual co-parenting agreement that outlines what you and the other parent have agreed to regarding the care of your children.
If we do need to go to court, so a child arrangement order can be put in place, we will provide the right level of support for you. We have excellent links with barrister and mediators, but we often act as the advocate, although this depends on the complexity of the case.
One of our lawyers is specialised in child development and child abuse (with previous experience as a qualified health visitor) so is equipped to support you through particularly difficult cases.
We work tirelessly to ensure we reach the best possible outcome for our clients, having experience in drafting Co-parenting Agreements as well as explaining and assisting you through the Court process.
We can also guide you through the process of changing a child’s name.
Cohabitation agreement
If you live with your partner, a cohabitation agreement can define who owns what share of your home. For example, if you should sell it, whether you’ll split it 50/50 or a different way.
It can also define:
How you’ll share paying the mortgage or rent
How you’ll both contribute to bills
Whether you’ll take out life insurance on each other
How you’ll divide your belongings should you separate
How you’ll split bank accounts, cars and other assets should you seperate
We can assist you in drafting a cohabitation agreement for you and your partner. In the event of a dispute, Courts usually recognise a cohabitation agreement, helping you secure your share, however, it is not a legally binding document.
Who needs a cohabitation agreement?
We’d advise anyone whose partner owns their home but isn’t married to them or in a civil partnership with them to get a cohabitation agreement. Without a cohabitation agreement, you risk not having a right to the property, including any money from its sale, should you separate.
Often people living together think they have rights to a property as a ‘common-law’ partner, but in English law there’s no such thing. Only married couples, or those in a civil partnership, are entitled to a share of assets when they seperate.
So no matter how long you’ve lived with your partner, if you’ve contributed to mortgage payments or the cost of renovating your home, if it’s their name on the mortgage and land registry they’re the only ones with a right to the property.
Prenuptial and postnuptial agreements
You might have heard of a prenuptial agreement (also known as a prenup) thanks to star-studded Hollywood weddings. But they’re really not just for the rich and famous. A prenuptial agreement is a practical way to outline what will happen to your finances and property in the event you separate.
If you or your partner have personal or business assets you’d like to safeguard, we can draw up a prenuptial agreement for you, which would set out your agreed position on your assets.
A prenuptial agreement can save you significant money later on if you dispute how your assets are to be split following separation. With a prenup, expectations are already set and a court will usually consider what’s been outlined in a prenuptial agreement, however this is not a legally binding document.
What if we’re already married?
If you’re already married, we can create a postnuptial agreement, declaring how your assets will be split should you separate.
Court of protection
The Court of Protection is a specialist court which makes decisions on financial or welfare matters for people who can’t make decisions at the time (they ‘lack mental capacity’).
The court can:
Appoint deputies to make decisions on behalf of people lacking mental capacity
Oversee arguments concerning attorneys and/or deputies
Consider applications in relation to the affairs of a person who is mentally incapable, including statutory will applications, applications for the approval of lifetime gifts and the administration of powers of attorney
The Office of the Public Guardian (OPG) is the government body that runs the Court of Protection. They keep a register of Lasting Power of Attorneys, supervise deputies and investigate any reported abuses of power.
We’re able to help in all Court of Protection matters, including:
Preparing and submitting initial applications
Appointing or acting as a deputy
Court of Protection disputes
Lasting/enduring powers of attorney
Submitting annual reports
Making decisions about the most appropriate way forward
Elderly client services
We’re committed to helping our elderly clients. As we get older there can be daunting legal issues to deal with, so we can help you with a wide range of services including:
Wills
Probate
Lasting Power of Attorney
Entitlement to benefits, including benefit appeals
Inheritance tax
Complaints about care or nursing homes
Complaints about care you’ve received from the NHS
We can also help you organise Lasting Power of Attorney, if you’d like a family member to make decisions on your behalf.
Please get in touch if you’d like us to help you or a relative with any of these services.
Wills and probate
Whether you want to provide for your family by making a Will, or you’re dealing with the estate of someone who has passed away, we can guide you through the whole process. We specialise in Wills, probate and estate planning both simple and complicated and offer a tailor-made service depending on your circumstances.
The death of a loved one and subsequent responsibility of dealing with estate administration and probate can be very difficult, particularly if you’re on your own. Our personal and understanding service will help you realise your loved one’s wishes. We offer advice on dealing with an estate, or acting as an executor or administrator, aiming to make the experience as stress-free as possible. We also offer Court of Protection representation where a loved one has lost capacity.
Making a will
In this uncertain financial climate, making a will can at least help you ensure that those you care about are provided for when you’re gone.
It is estimated that more than 7 out of 10 adults in the UK do not have a will. This means that when they die their estate is ‘intestate’, which can cause all number of complications and disputes for remaining family members.
Without a will, your money and property will be divided according to the law and not your wishes. For example, if you’re not married and not in a civil partnership, your partner could be in a position where they may not be entitled to anything when you die.
It can also mean that a great deal of the deceased estate is ‘eaten up’ by inheritance tax, with their money going to the government and not the intended loved ones. This can often be avoided by careful planning when making a will. It also ensures your money and property goes to who you actually intend it to.
Making a will helps ensure the people that matter most to you will benefit most. It will also make the distressing situation of dealing with your estate much easier compared to when no will is in place.
We are happy to send you a simple form so you can let us know your wishes together with a clear price estimate.
If you are thinking about preparing a Will, or wish to discuss other options please do not hesitate to contact us to arrange a confidential consultation. We can advise and assist you in the preparation of a Will or advise as to alternative methods to look after your assets.
When to review your will?
As well as help with writing a Will, we can also guide you through reviewing and updating an existing one. We recommend reviewing your Will every three years to check it’s still in line with your wishes. For example, there might be a new baby in the family you’d like to leave money to.
You must review your Will after getting married, as well as other major life events such as getting divorced or having a death in the family. Wills are often in place for many years, so it’s not uncommon to need to make amendments as your life changes.
Will disputes
Will disputes can be very distressing, whether you are the person contesting the Will or defending it. We can help resolve the situation and take you through what you need to do. Please contact us to discuss any issues with someone’s Will.
Finding a will
After someone dies, it can be a challenge to find a copy of their will in their home. If you’re having trouble finding a Will, you can order copies on GOV.UK.
Probate
We’re sorry to hear about your loss. If you’re the executor of their Will, we can work with you through the process or undertake distributing their estate for you.
We’re here to help and are dedicated to making the process of applying for a Grant of Probate as simple and stress-free as possible for you.
If you need it, the government has a Tell Us Once service you can use to let most government organisations know in one go that someone has died. For example, the service will let HMRC, Department for Work and Pensions (DWP) and the DVLA know that they’ve passed away.
What is probate?
Probate is the technical term used to describe the process of dealing with someone’s estate after they’ve died. This includes getting permission to carry out their wishes regarding their money and property as outlined in their will, as well as settling any debts.
Before you can apply you’ll need to estimate and report the value of the person’s estate. We can take you through this process and help to ensure the estimate is accurate. We can then help you apply for a grant of probate - a legal document confirming you have the authority to deal with the deceased’s money and belongings. It will be issued by the Probate Registry, part of the HM Courts and Tribunals service.
How long does probate take?
It’s hard to give an exact timeline as it depends on things like whether the deceased has kept clear records of their assets or if the will is contested. It’s usually a matter of months and we’ll do everything in our power to make the process as quick as possible.
Probate when there’s no will
The process is similar to probate, but rather than applying for a grant of probate, you’ll need to apply to be an administrator of the estate. We can take you through this process, so please contact us if the deceased doesn’t have a Will. See also our section on finding a will.
LASTING Power of Attorney
Granting someone lasting power of attorney can give you the peace of mind that someone you trust can look after your finances, property and medical decisions if you become unable to do so.
There are two types of lasting powers of attorney (LPA):
Health and welfare
Property and finance
We can create a lasting power of attorney for either of these types or both. It’s most common to apply for both types of lasting power of attorney at once. Lasting Powers of Attorney replace enduring power of attorney and you need to currently have the mental capacity to make decisions like this for yourself.
The way our service works is much like writing a will. Based on your completed power of attorney form outlining your wishes, we’ll draft you a lasting power of attorney. To do this, we can visit you at home, a nursing home, hospital or hospice or you can come and visit us at our office. Whatever is most convenient.
Lasting power of attorney when someone dies
A lasting power of attorney will cease when someone dies. We can notify the Office of Public Guardian if you would like us to do so. We usually write to them returning the lasting power of attorney so that they are aware.
As power of attorney ends when someone dies, you don’t need to have a lasting power of attorney to be the executor of their Will, although having been an Attorney does not automatically mean you will be the executor of the Will.
For businesses:
We offer a broad range of support for businesses based on our specialist knowledge of UK employment law. Whether you’re just starting your business or taking on new hires, we can create employment contracts and employment hand books.
Please contact us to discuss your individual requirements.
Issues with employees
Should you encounter an issue with an employee, we can help you deal with poor performance, sickness or misconduct. Should that issue escalate we can be on hand to help with internal investigations as well as disciplinary and dismissal meetings.
As specialist employment law solicitors, we can help you with discrimination problems and help your business navigate redundancy procedures.
Business Planning and Strategic Development
We are able to attend your business and work closely with you to support the development of your business plans. We are also able to advise you regarding your business strategic development.
FOR THE EMPLOYEE:
Employment law
Experiencing issues at workman be stressful and it’s hard to know what your rights are and the best steps to take. We can give you clear, effective advice to help you resolve the situation and achieve the best outcome.
When challenging the actions of an employer or colleague you’ll want to balance any compensation you should be entitled to against legal costs. To help you, we can usually work to a fixed fee, so you’re clear on costs from the start.
Dismissal
If you’ve been dismissed from your job we can look into the circumstances of your dismissal and check if your employer acted lawfully. We can help you challenge a wrongful dismissal and seek compensation.
Redundancy
If you’ve been threatened with redundancy we can help you fight for your rights including redundancy pay and a full notice period.
See our redundancy section for more details.
Disciplinary action
If you’re facing disciplinary action, it’s important to have an employment law specialist fighting on your side. We can look in detail at the situation to help you build a defence against disciplinary issues, such as those relating to misconduct, poor performance or ill health.
Harassment and discrimination
If you’re employer or colleague is harassing you or behaving inappropriately we can help you take steps to stop it. Providing in depth employment law advice, we’ll stand alongside you and help you fight for your employment rights, including the right not to be discriminated against because of age, race or sex.
Other employment law
We can also help you if:
you’re being asked to agree to changes to your contract of employment
you’ve been asked to enter into a settlement agreement (formally known as a compromise agreement)
any of your employment rights aren’t being respected
UK employment law gives you specific rights, that as specialist employment law solicitors we can help ensure are upheld. Please contact us to discuss any employment issues you might be facing.
Redundancy
If you’ve been made redundant, or are worried you’re going to be, it’s important you know your redundancy rights. We can help you during this challenging time by helping make sure you get the pay and notice you’re entitled to.
Being made redundant
When someone is made redundant it means that they’re employer no longer needs their role. This could be for a number of reasons, such as the employer needs to cut costs by reducing staff, or technological advances have made the role unnecessary.
If you’re made redundant, but then someone is brought in to fill your old role, you may have a case for wrongful dismissal. Redundancy is only legitimate when the role itself is being removed. Please contact us if you think you’ve wrongfully been made redundant and we’ll review your situation.
Redundancy notice period
If you’re being made redundant you should be given a notice period of at least one week’s notice. The longer you’ve worked for the company (over two years) the longer the notice period should be, up to 12 weeks if you’ve worked there 12 years or more.
Talk to us if you think you haven’t been given the redundancy notice you’re entitled to.
Voluntary redundancy
If an employer is making a number of redundancies, for example if they’re downsizing a whole department, they may ask for people to volunteer for redundancy. Sometimes they’ll offer incentives for taking voluntary redundancy, like extra redundancy pay or not having to work your notice period.
It’s important to make sure that voluntary redundancy is right for you, so contact us and we can help you decide whether you should choose to take it.
Statutory redundancy pay
When you’re made redundant, if you’ve been working for your employer continuously for at least two years, you’re entitled to statutory redundancy pay. How much you’ll get will depend on your age, pay and how long you’ve been in the job.
To check how much you might get, use the online redundancy calculator on GOV.UK
Contact us
Please call us on 01473 355160 or fill in our short enquiry form to tell us how we can be of assistance. We aim to give a high standard of service, so if your matter is marked ‘urgent’ we will contact you on the same working day, whenever possible.
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