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No Fault Divorce – What You Need To Know
On the 6th of April 2022 the Divorce, Dissolution and Separation Act 2020 came into force, implementing the no-fault divorce, the first change in divorce law for England and Wales for 50 years. Keys Facts Reduced conflict between the parties as there is no...
Who gets the Pets in a Divorce?
Getting a divorce or facing separation, even if somewhat amicable, can involve many aspects that place a lot of emotional strain on all parties involved. Some of the most painful decisions include those relating to children if a couple has them. Still, the question of...
Collective Enfranchisement FAQs
If you are a tenant (leaseholder) in a residential flat, you may have heard of collective enfranchisement. In this article, we take a brief look at some of the most frequently asked questions regarding this area of law. What is Collective Enfranchisement? The...
Getting Divorced after April 2022
Will April see a rise in divorce enquiries? There has been a longstanding trend to name the first Monday in January ‘Divorce Day’ derived from the typical spike in enquiries family lawyers receive regarding divorce. However, with the long-awaited ‘no-fault divorce’...
Reform of Ground Rents passed into Legislation
The Leasehold Reform Act 2022 received Royal Assent on 8th February 2022. The goal of this legislation is to restrict ground rents on newly created long leases of houses and flats to an annual rent of one peppercorn being intended to represent no financial value. The...
Property Disputes for Unmarried Couples – What is TOLATA?
Unmarried cohabiting couples who separate do not have the same rights as married or civil partnership couples. Therefore, if a dispute arises over property ownership, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) controls how these disputes are...
Preparation and Advice on Relocation Cases
Children inevitably are affected by the breakdown of the relationship. Internal (move within the UK) and external (move outside the jurisdiction) relocation applications are for most parents the most emotive applications they make during their separation. The court...
Breakfast at Rose & Rose
Going through divorce and separation can be a daunting experience for many. Our team of expert family lawyers is here to help you with advice and guidance in a variety of matters relating to the breakdown of the relationship, agreements about the finances and...
Make Estate Planning one of your New Year’s Resolutions
Many of us set New Year's resolutions, whether a new fitness goal, quitting a bad habit, or learning a new skill. However, putting in place steps to protect the future of your estate could be one of the most important accomplishments you achieve this year. Like any...
Divorce Day – Monday 10th January
Traditionally, the first working Monday of the New Year if often referred to as the ‘Divorce Day’, the day that most couples file for separation. Family Solicitors usually see a higher volume of enquiries as most couples decide to address the relationship issues after...
Prohibited Steps Orders
If you are separated, divorced, or going through a separation or civil partnership dissolution, and you find yourself in a dispute with your former partner regarding arrangements for your children, then you may need to seek the assistance of the family court. In the...
What is Stonewalling?
What is stonewalling? Stonewalling refers to the refusal of communicating or cooperating with another person. This can be common within conflicts, and in this instance, divorce and separation cases. This can be frustrating for the individual on the receiving end as...
Does the sharing principle apply in financial settlemets after separation?
The principle of ‘sharing’ which assumes that an equal share of the matrimonial assets is awarded to divorcing couples, is typical in most cases. However, this is subject to a party’s needs being met and reviewing the requirements if children are involved. As such,...
Can an Employer change your place of work?
Unless it is deemed ‘unreasonable’, an employer is entitled to enforce a mobility clause if it is within a contract of employment. A mobility clause allows an employer in England and Wales to move an employee to a different workplace if required within certain limits,...
What is the Court Process for a Financial Settlement in Divorce?
Before you consider starting court proceedings, it is advisable to try and reach an amicable agreement between you, either at mediation or via solicitors. Going to Court will undoubtedly increase legal costs on both sides and can be a stressful and drawn-out process....
Regaining Possession of Your Property
Start proceedings now Regaining possession of your property as a Landlord can be a complex process and there can be a number of delays, but we are here to alleviate this for you. There are strict legal procedures that need to be carried out, so it is crucial you...
Digtal Divorce Process FAQs
For the first time since 2016, the Ministry of Justice following the Implementation of the Court Fees (Miscellaneous Amendment) Order has decided to increase the Court fees in Divorce and Children proceedings. From the 30th of September 2021 the court fees will be as...
Increase in Court Fees in Divorce and Children Proceedings
For the first time since 2016, the Ministry of Justice following the Implementation of the Court Fees (Miscellaneous Amendment) Order has decided to increase the Court fees in Divorce and Children proceedings. From the 30th of September 2021 the court fees will be...
HMCTS announces andatory digital divorce service from September 2021
HMCTS has announced that from 13th September 2021 it will be mandatory for the legal representatives to process any new divorce petitions via the online portal. The paper D8 form used until now will no longer be used as the swift toward digitation continues. The only...
Employment Tribunals – What is the process and what to expect
It is thought that the rising number of employment tribunal cases have been the result of the increase in unemployment and altered working conditions brought on by the effects of the COVID-19 pandemic, the MoJ has said. It is also projected that when the furlough...
Government Propose Increase in Grant of Probate Fees
Earlier this month a proposal was published, highlighting the intention to raise the fees to apply for a grant of probate. The consultation is expected to run until 23 September and if passed will increase the fee to apply for a grant of probate from £155 and £215 –...
Co Habitation Agreements – What Are Your Rights?
If you live with your partner but are not married or in a civil partnership, a Cohabitation Agreement (also known as a Living Together Agreement) is a legally binding contract that you can put in place to protect you both if the relationship breaks down. Many couples...
Simplification of Inheritance Tax Reporting
On ‘Tax Day’ earlier this year (March 23), the government pledged to reduce the reporting requirements for inheritance tax declarations. The regulation change, which follows a review by the Office of Tax Simplification (OTS), will mean that from January 2022, there...
The New Domestic Abuse Act 2021 – What has changed?
The Domestic Abuse Act 2021 has introduced several significant changes which are designed to provide greater protection to those who experience domestic abuse and set to change the response to domestic abuse by helping to prevent offending, protect victims and ensure...
Mental Capacity Regarding Wills and Probate Disputes
The High Court have adjourned the case of Clitheroe v Bond, two siblings in the midst of a Probate Dispute regarding their late mother’s estate. It had been previously ruled that the mother’s mental capacity was not satisfactory at the time of writing her two Wills,...
Matrimonial Financial Settlements
Matrimonial Financial Settlements – Frequently Asked Questions Divorcing couples may face stressful decisions when it comes to the division of their financial assets and making financial provisions for any children of the family. It will be in the best interest of all...
Immigration Reforms: What Changes Have Been Made?
The home office has been trailing a set of new reforms regarding Immigration and asylum in the UK. Priti Patel has put these reforms in place in an attempt to crackdown on the number of refuge cases in the UK. Ms Patel is set to assess immigration and asylum status...
The Benefits of Having a Contract of Employment
An employment contract is a binding written agreement between an employer and an employee. The contract governs agreed terms between the employer and employee. The agreement provides grounds for termination. The agreement may also provide for a severance package in...
Mediation Voucher Scheme
The Ministry of Justice (MoJ) is investing £1m in a family mediation voucher scheme to support families who could benefit from help through family mediation and to offset the impact of Covid-19 in the family courts. This new scheme will contribute £500 per case/family...
Single Parents Awareness Day
This year has been tumultuous for many families, and now more than ever we have felt the weight of the current global pandemic on our shoulders, however, no group of people are more deserving of recognition than the parents that are solo parenting, working from home...