Blog

New Employment Rights Bill Announced

Employment Rights Bill 10 Oct 2024

The Government has published the Employment Rights Bill, promising this will be the biggest overhaul in workers’ rights in a generation. It will have far-reaching implications for all employers. However, this is a draft bill and it may be subject to amendments as it goes through Parliament. It may not come into force until Autumn 2026. Some measures have already been announced, such as changing the Low Pay Commission’s remit to consider the cost of living for the first time.

Other measures in the Bill include:

• Powers to create a Fair Pay Agreement in the adult social care sector are being introduced.
• Reinstating the School Support Staff Negotiating Body.
• Reinstating and strengthening the two-tier code for public sector contracts, ensuring that employees working on outsourced contracts will be offered terms and conditions no less favourable to those transferred from the public sector.
• Paying Statutory Sick Pay from the first day of absence rather than the fourth, and removing the lower earnings limit to make it available to all employees
• Bringing together the various agencies and bodies that enforce employment rights into a new Fair Work Agency, described as a simplified and strengthened system to protect workers and ensure justice in the workplace.
• Strengthening the rights of trade union representatives and bringing “archaic and prohibitive” trade union legislation into the 21st century.
• Multiple measures will be brought forward to protect workers from dismissal and blacklisting for trade union activity, ensure workers understand their right to join a trade union, to simplify the statutory recognition process, and bring in a new right of access for union officials to meet, represent, recruit and organize members in workplaces.
• The Bill will repeal the Strikes (Minimum Service Levels) Act 2023 and the Trade Union Act 2016.
• Increase the likelihood of a request for flexible working arrangements to be granted, making it harder for employers to refuse requests for flexible working.
• Introduce day one entitlement to paternity leave and unpaid parental leave
• Introduce a statutory entitlement to bereavement leave, extending the class of eligible employees.
• Require large employers (over 250 employees) to produce equality action plans on how to address gender pay gaps and support employees through menopause, as well as strengthen rights for pregnant workers and new mothers.
• Day one protection from unfair dismissal, while allowing employers to operate probation periods. Removal of the two-year qualifying period to claim unfair dismissal, subject to probationary periods (details about this to follow from the government in due course).
• Increasing protection from sexual harassment in the workplace, by extending the definition of whistleblowing to include sexual harassment.
• End fire and rehire practices by severely limiting the ability to dismiss and re-engage to force through changes to employment contracts.
• Strengthening rights and requirements for collective redundancy consultation and widening the scope of the rules.
• Restrictions on the use of zero-hours contracts.

Other measures, such as the right to switch off to stop employers from contacting staff out of hours, are included in a next steps document for future discussion and consultation.

Is it Time to Make Your Will?

Is it Time to Make Your Will?

Over half of UK adults do not have a will, according to financial services provider Canada Life, and one in eight people they surveyed said they did not intend to write one in the future! A properly drafted will is probably one of the most important documents you can have in your life and it can help protect your loved ones after you die and ensure that your estate is distributed the way you choose.

However, you may have some questions that might be putting you off from creating a Will which we will talk about and explain how to get started.

Am I too young to make a Will?

Here at JW Hughes & Co, we believe that it’s never too early to make a will and there are some milestones in life, such as getting married, becoming a homeowner, and having children,  where you should have a valid will in place. 

For example, if you are a joint homeowner and you are tenants in common, your share of the house will go to whoever is named in your will. However, if you do not have one, it will be distributed according to intestacy rules. If you are joint tenants, the property would automatically go to the surviving owner. 

But if you do not own property or have significant assets, there may still be other things you can pass on in your will – such as your pension. Pensions can be passed on to your beneficiaries without them having to pay inheritance tax on the money they receive.

What if I do not have enough to pass on?

According to Canada Life, the top reason for not making a will is believing you do not own enough assets or wealth to warrant creating one (26% of people surveyed said this). 

However, when writing a will, you are not just deciding how your estate is divided up, you can also have a say as to who should look after your dependents and you can appoint their legal guardians if they are under 18.

If you have dogs, cats, or any other pets, they may also need to be looked after if you pass away which you can put in your will.

Nowadays, your estate may include digital assets, such as photographs or cryptocurrency not purely physical and financial assets, such as money in the bank. If you have social media accounts, you can request specific people to delete them or take them over on your behalf. 

Does my partner automatically inherit my estate?

If you die without a will, your estate will be shared according to the intestacy rules which means you could inadvertently disinherit the people closest to you, including those who were dependent on you. For example, if you’re not married to your partner, they have no automatic rights to inherit under intestacy rules. In this case, any children you have will inherit the estate. 

If you do not have a spouse or children and you die without a will your estate will go to your other relatives. This is decided by a set order of priority, starting with parents and followed by brothers and sisters. 

I already have a will, do I need a new one?

Research done on behalf of The Association of Lifetime Lawyers has found that almost half of UK wills could be out of date due to life-changing events such as marriage, divorce, or death. In England, Wales, and Northern Ireland, getting married or forming a civil partnership revokes a pre-existing will (this isn’t the case in Scotland).

While divorce will not automatically invalidate a will, your former spouse is treated as though they are deceased, which means you will not be able to name them as either an executor or a beneficiary unless you create a new will.

We recommend reviewing and updating your will (if needed) every three years, or after a life-changing event. 

Can I change my existing Will?

You cannot amend your will after it has been signed and witnessed, but you can make official alterations with what is known as a codicil. This must be witnessed and signed in the same way.

A codicil is appropriate for something simple like changing your executor, and there are no limits to the number of times you can add one. But it should not be used for major changes – for example, removing a beneficiary. In these situations, it would be best to draw up a new will.

Can I afford it?

Most people only need a simple will. These normally cost around £100 to make. If your affairs are more complex the cost may be more but contact us first for advice on creating a specialist will. We are proud to support Will Aid in November so contact us for more details about this scheme.

Can you visit me if I am unable to come to the office?

We are happy to come and visit you in your home, care home, or hospital if you are unable to attend our offices.

If you would like to make or update your Will please contact us on 01492 874774/596596 today and speak to one of our solicitors.

TA6 New Property Information Form from the Law Society

TA6 - The New Property Information Form from the Law Society

When buying a new house the first part of the process is the preparation of the Contract Pack. The Seller’s Property Information Form (TA6) is an important part of that. The new form is designed to help estate agents and consumers when buying a new property. Part 1 of the form provides the information estate agents require to market a property and solicitors may use some of this information in the conveyancing process. Part 2 asks supplementary questions providing additional information that may be required for the conveyancing process. The new form will be in use by the 25th of June 2024.

The TA6 changes include:

Property details including the unique property reference number and council tax band
Tenure, ownership, and charges – whether the property is freehold, leasehold, shared ownership, or commonhold plus details of costs such as ground rent and service charges
Parking including the cost of parking permits and whether the property has electric vehicle charging
Building safety provides details of any hazards at the property and whether essential works have been carried out
Restrictive covenants that affect the use of the property
Flood risk and coastal erosion – to establish what the flood risk is and whether any defences have been installed. If the property is near the coast, whether there is any known risk of coastal erosion.
Accessibility details including the adaptations or features that have been made to provide easier access to and within the property.
Coalfield or mining area – to identify if the property is impacted by any past or present mining activity
Solar panels – providing details about the installation of these that a buyer or lender will need to know
Services connected which now include air and ground heat pumps
Drainage and sewerage – additional questions about where the sewerage system discharges to and whether it has an infiltration system
Japanese knotweed – refinement of the question to incorporate the area adjacent to or abutting the property.

Who completes the Form?

The seller will complete this form with the help of their solicitor. Your solicitor will provide you with a copy if you are the seller. The seller is required to give accurate information about the property and surrounding area. If the seller knowingly supplies inaccurate or incomplete information on the form the buyer may be able to make a misrepresentation claim against them. 

What supporting documents will the seller need?

The supporting documents that a seller will need include:

Windows – FENSA certificates
Building Works – planning and building regulations approvals
NHBC – certificates for new-build properties (less than 10 years old)

If you are buying or selling a house please contact our expert team of conveyancing solicitors – we are here to help!

New Employment Law Changes

NEW EMPLOYMENT LAW CHANGES

Several employment law changes came into effect on 6th April 2024, to expand the rights of employees relating to flexible working, paid and unpaid leave, and protection from redundancy during parental leave. These changes apply to England, Scotland, and Wales, but not Northern Ireland where employment law is devolved. If you are an employer or an employee, see how these changes could affect you.

Flexible Working Changes:

Under the Employment Rights (Flexible Working) Act 2023, employees can now make two requests for flexible working per year instead of one. The deadline for employers to respond to the request has been reduced from three months to two. Employers must now explain the reasons for denying any request, and employees no longer need to explain the impact of their request. However, the reasons employers can use to deny requests remain the same. Through a separate piece of secondary legislation, employees will also be able to make such requests from their first day of employment, without having to wait the 26-week qualifying period.

Increase in the Minimum Wage:

The National Minimum/Living Wage for workers over 21 will rise by over a pound per hour from £10.42 to £11.44.

Changes to holiday entitlement for irregular hour workers and part-year workers:

For workers who work irregular hours and part year workers whose leave years start on or after 1 April 2024, there will be a a new accrual method for their holiday entitlement in that holidays will be calculated as 12.07% of actual hours worked in a pay period.

Carer’s Leave:

Employees are now entitled to one week of unpaid leave per year if they have caring responsibilities. This applies to any employees caring for a spouse, civil partner, child, parent or other dependent who needs care due to a disability, old age, or any illness or injury likely to require at least three months of care. The leave entitlement is available from the first day of employment with no qualifying period. This entitlement was created by the Carer’s Leave Act 2023 and the associated Carer’s Leave Regulations 2024.

Increased Protection Against Redundancy for Pregnant Employees:

Employees taking certain types of parental leave now have protection from redundancy for at least 18 months. This protection means that if their role is made redundant, their employer must give them first refusal of any other vacancies. However, they can still be made redundant if no appropriate vacancy is available. Previously, employees only had this protection during their period of maternity, adoption or shared parental leave. Protection now begins on the day the employer is first notified of the employee’s pregnancy and ends 18 months after the date of the child’s birth. These protections also now extend to 18 months after the date of adoption for parents taking adoption leave or 18 months after the child’s birth in cases where a parent is taking at least six weeks of shared parental leave. These changes were made by the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, and the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024.

More Flexibility for Paternity Leave:

Employees taking statutory paternity leave (and pay, if they are eligible) can now split their two weeks’ entitlement into two separate one-week blocks, rather than having to take them both together. They can also take their two weeks at any time within the first year after their child’s birth, rather than within only the first eight weeks after the birth as previously required. Employees now have to give employers 28 days’ notice for each week of leave, down from 15 weeks’ notice previously, before taking leave. However, they still need to give notice of their upcoming entitlement 15 weeks before the expected date of birth. These changes were made by the Paternity Leave (Amendment) Regulations 2024.

Further Changes Due Later in 2024:

Other changes are expected to come into force later in 2024, including a new law and code of practice on how employers must distribute tips and service charges to their workforce. The Government expects this to come into force from July 2024. A new code of practice on dismissal and re-engagement (‘fire and rehire’) is expected to come into force by summer 2024. A new law creating a right to request more predictable working patterns for eligible workers is expected to come into force from around September 2024, and a new law requiring employers to take reasonable steps to prevent sexual harassment of their employees will come into force from October 2024.

If you would like help with an employment matter please contact Joseph Hendron in our Llandudno office on 01492 874774.

New Law on Recycling for Businesses in Wales

New Law on Workplace Recycling in Wales

The Welsh Government is introducing a new law to improve the quality and quantity of how we collect and separate waste. From 6 April 2024, it will become law for all businesses, charities and public sector organisations to sort their waste for recycling. This will also apply to all waste and recycling collectors and processors who manage household-like waste from workplaces.

What waste needs to be separated?

These items will need to be separated for collection, and collected separately:

Food
Paper and card
Glass
Metal, plastic and cartons
Unsold textiles
Unsold small waste electrical and electronic equipment

There will also be a ban on:

Sending food waste to a sewer (any amount)
Separately collected waste going to incineration and landfill
All wood waste going to landfill

Within the new rules you will be able to mix paper and card together in the same container. Also metal, plastic, and cartons can be mixed together in the same container.

Who does this law apply to?

All businesses, charities and public sector organisations will need to separate their waste. This includes:

Agricultural premises
Hospitality and tourism - restaurants, bars, pubs, bed and breakfasts, hotels, campsites and caravan parks, holiday accommodation, and licenced premises
Show grounds
Service stations and petrol stations
Entertainment and sports venues including leisure centres
Transport - bus stations, railway stations, seaports, airports, and heliports
Care and nursing homes
Pharmacies, GP surgeries, dental surgeries, and other primary care settings
Construction sites
Factories and warehouses
Car garages
Education - universities, colleges, and schools
Garden centres
Heritage buildings
Libraries and museums
Offices and workshops
Places of worship
Prisons
Outdoor markets and festivals
Retail

NHS hospitals and private hospitals are the only workplaces that have an additional two years to comply with the new rules.

What should we do?

This new law may mean you need to review what you are doing currently and what you should do to comply with the new rules as a business.

There is a  Code of Practice which will give you more detailed information about the new workplace recycling law and how should comply. It is important you read this alongside the guidelines.https://www.gov.wales/separate-collection-waste-materials-recycling-code-practice

WRAP’s Business of Recycling website has guides and free downloadable communication resources for your workplace.

Divorce Statistics Lowest for 50 Years

Divorce Statistics reveal lowest figure for 50 Years

According to the latest statistics, divorces granted in England and Wales have reached their lowest level for 50 years.

According to legal experts, possible reason for this may be the cost-of-living crisis, with couples deciding to stay together because of the financial challenges of legal separation.

According to the Office for National Statistics, there were 80,057 divorces granted in England and Wales in 2022, which is the lowest number of divorces since 1971. This figure is down by nearly 30% compared to 2021 when there were 113,505 divorces granted.

There were a total of 78,759 opposite-sex divorces in 2022, the lowest number since 1971 when there were 74,437 divorces. The number of civil partnership dissolutions also fell to the lowest recorded since 2010. In 2022 there were 525 civil partnership dissolutions, including same-sex and opposite-sex couples, a 22.8% decrease compared with 2021 when there were 680 dissolutions.

The Divorce, Dissolution and Separation Act came into effect in April 2022, which reformed the legal requirements and process for divorce. The changes were intended to reduce the potential for conflict between divorcing couples allowing them to end their marriage jointly and remove the ability to make allegations about the conduct of a spouse. Although financial matters within any divorce/dissolution will still need to be resolved.

The Act also introduced new mandatory waiting periods and the lower number of divorces seen in 2022 “may partially reflect the introduction of new minimum waiting periods, meaning that divorces applied for after 6 April 2022 may take longer to reach final order”, according to the Office of National Statistics.

At JW Hughes & Co. we have a large family law department, headed by Phil Kentish. We cannot say that we have noticed any reduction in divorces or separations coming into our offices in Llandudno and Conwy or online across the country. So, if you are separating and need help and advice, please contact our friendly team of family lawyers on 01492 874774 or 596596 or email mail@jwhlaw.co.uk

Ancillary Relief - The process of divorce financial application

Ancillary Relief – The process of divorce financial proceedings

When a couple divorce, not only do they need to determine who will live with the children but they will also need to consider the finances and how they will be distributed. The process of splitting the assets is called Ancillary Relief. Ancillary relief in divorce refers to financial proceedings or orders that can be sought following the start of divorce proceedings. The person who first initiates the proceedings is called the Applicant and the person receiving them is called the Respondent.

Before starting a claim, you will usually need to attend a Mediation meeting or MIAM (Mediation Information and Assessment Meeting) where you can discuss your case with a trained independent mediator with, or without, your former partner present. If mediation is unsuitable or unsuccessful then you obtain a MIAM certificate and can then issue an application, Form A, to initiate the financial proceedings. The Form A starts the timetable.

After this, you will be required to complete a Form E, which is a financial disclosure document required by the court for both parties to complete. This collates your financial circumstances into one document. Any disclosure that has been missed will be questioned by either party in the Questionnaire on the Form E which will collate any missing disclosure. If some time has passed after the completion of your Form E and your financial circumstances have changed, then providing update disclosure will be mandatory.

Married couples may have assets they acquired separately or together either during the marriage, before the marriage, during the cohabitation period, or after separation. Assets may be held in one spouse’s name or held jointly between them. For most married couples the largest asset is usually the family home, known as the Former Matrimonial Home (the FMH) in financial proceedings. However, this is not always the case. One spouse may have a high-value pension, or business assets or interests, shares or other investments. Both spouses may be earning similar incomes, or one spouse may be earning significantly more. The other spouse may be focusing on caring for any children and/or the home.

The starting point of the court is to add all assets held by either party in the ‘matrimonial pot’ and split these between the parties on a 50:50 basis. However, the court can depart from the 50:50 starting point depending on a number of factors including children, housing needs, income needs, financial resources, contributions, etc. Every case is different and the aim of the court is to achieve a fair outcome for both parties.

The court can make a range of different orders in respect of any of the assets or income of either of the people going through a divorce. A few examples of the most common types of orders are as follows:

An order for the family home to be sold and net sale proceeds be shared in accordance with a court order;
Other property being sold or transferred into one spouse’s name;
A pension sharing order (more common in longer marriages);
Periodical payments or spousal maintenance – a sum that one spouse must pay to the other spouse for a particular period of time.

These different orders are only suitable for certain cases depending on your circumstances.

The most important part of any divorce is reaching a settlement. Once the Form A has been issued, the court provides the parties with a timetable of when they are to disclose documents and when the first hearing will be.

The first of the three hearings in the court timetable is the First Directions Appointment, or ‘FDA’ for short. In this hearing, the court will consider both parties’ disclosures to establish if any further information is required from either party. There will also be consideration for the almost inevitable property valuations and pension reports, and any other relevant report. The timetable will then be set by the court and the deadlines to allow for a financial settlement to be reached will be set down.  You will not need to give evidence at the FDA.

The next Court listing will then be the Financial Dispute Resolution Appointment, or the ‘FDR’ for short. The focus of this hearing is to encourage the parties to reach an agreed financial settlement through judge-led negotiations. Each party must put forward their proposals for settlement. It is on a Without Prejudice basis, meaning that anything said in this hearing cannot be referred to a Judge in future hearings. This allows the parties the freedom to present their best and lowest offers with the aim of reaching a quick settlement and avoiding the delay and legal costs at a further hearing.

Once the Judge has heard the proposals from both sides, he/she will give an indication as to what a likely outcome could be if the case was to proceed to Final Hearing. This will give the parties the opportunity to see the strengths and weaknesses of both cases. There will be time for negotiation then and if the parties reach an agreement, the Judge will approve this in a Consent Order. The Judge at this hearing has no power to impose an order and will only settle matters on an agreed basis. If there is no agreement, the parties will consider further directions, such as further property valuations, further updating disclosure and so on and the Judge will list the matter for a Final Hearing. You do not need to give evidence at the FDR, and the court will not make any findings about disputed facts.

The third and last Court hearing is known as the Final Hearing, as it will bring the proceedings to an end. The Judge at this hearing will make a decision on your financial position and impose a settlement. This may, or may not, be the outcome either party would wish for but the court will see it as just and fair. Prior to this hearing, and as a result of the directions agreed at the FDR appointment, parties will be ordered to complete Open Offers, Section 25 Statements and comply with other disclosure directions.

The Open Offers will set out each party’s settlement proposal, which will be shown to the Judge at the Final Hearing. The Section 25 Statements set out the parties respective position on the matter.

The Final Hearing may last several days. The Applicant’s representative or barrister will begin with providing a submission to the Judge and the Respondent will follow. Cross examination will then take place of both parties. Questions will be asked by the other person’s barrister and the Judge and you will give oral evidence. Witnesses may be required and the same process will apply to them.

Closing submissions will then take place, which will put forward the final comments on each party’s respective case. The Judge will then make his/her final decision and an order will be imposed on both parties.

The cost implications of heading towards a Final Hearing are high and parties should negotiate a settlement wherever possible. From the issue of the Form A all the way to the Final Hearing, parties can agree settlement through negotiations and they are encouraged to do so, which will save costs. Barristers fees are also an inevitable cost of proceeding through the court track and costs of valuations and pension reports, for example, can also add additional costs. This is why we encourage our clients to settle their financial differences without having to go to a final hearing if at all possible.

Our family lawyers in Llandudno and Conwy have a wealth of experience of guiding clients through the divorce process, headed by Phil Kentish in Llandudno. Our family lawyers can help you wherever you are in England and Wales as much of the work can now be done online.  If you have any questions about the divorce process and the financial implications, please contact our experienced team of Family lawyers on 01492 874774 (Llandudno) or 01492 596596 (Conwy).

What is a Lasting Power of Attorney and Do I Need One?

What is a Lasting Power of Attorney and why might I need one?

According to Alzheimer’s Research UK there are an estimated 944,000 people living with dementia in the UK. The cost of dementia was 25 billion pounds in the UK in 2021 and dementia was the leading cause of death in the UK in 2022 (11%) or 74,000 deaths. These statistics show the reality of the prevalence of dementia in the UK. Many of us have someone in our family who has been diagnosed with dementia. It is a very distressing condition for the person and the family because, amongst other things, your loved one can no longer make decisions for themselves. Solicitors will not be able to act without a "court of protection" if a person’s condition has advanced to a point where they are unable to manage their own affairs and sign legal documents. If you have concerns for yourself or a loved one about the management of their affairs in the future then consider making a Lasting Power of Attorney without delay.

If you, or a loved one, are considering your own future and old age, here are the two most important things you can do to ensure your legal affairs are in order for your family and loved ones: make or update your Will and/or set up a Lasting Power of Attorney.

Lasting Powers of Attorney 

A lasting power of attorney (LPA) is a legal document, which gives someone else the power to make decisions on your behalf. There are two types of LPA. One covers your finances and property and the other covers health, medical and welfare decisions. 

Like a Will, LPAs can only be made if you have the mental capacity to understand and sign the legal document. Therefore, it is a good idea to consult a solicitor with a view to making one  in advance. If you do this, you can have peace of mind that the LPA documents are ready to be used should you need help in the future. If you lose the ability to manage your own affairs and have not made an LPA, the only alternative is for someone to make a Court application which is a costly and time-consuming process at what may already be a stressful time. This may, or may not, be the person you would have chosen to direct your affairs.

LPA for financial decisions

An LPA for financial decisions can be used while you still have mental capacity, or you can state that you only want it to come into force if you lose capacity. This can cover things such as buying and selling property, paying the mortgage, investing money, paying bills, and arranging repairs to your property. You can restrict the types of decisions your attorney can make or let them make all decisions on your behalf.

If you are setting up an LPA for financial decisions, your attorney must keep accounts and make sure their money is kept separate from yours. You can ask for regular details of how much is spent and how much money you have. These details can be sent to your solicitor or a family member if you lose mental capacity. This offers an extra layer of protection.

LPA for health and care decisions

This covers health and care decisions and can only be used once you have lost mental capacity. An attorney can generally make decisions about things such as: where you should live, your medical care, what you should eat, who you should have contact with, and what kind of social activities you should take part in. You can also give special permission for your attorney to make decisions about life-saving treatment.

A Word of Warning

If you are married or in a civil partnership, you may have assumed that your spouse would automatically be able to deal with things like your bank account and pensions, or make decisions about your healthcare, if you lose the ability to do so. This is not the case. Without an LPA in place, they will not have the authority.

What happens next?

If you decide you want to put an LPA in place, your solicitor will have the relevant forms and an information pack from the Office of the Public Guardian. Your solicitor will fill in the form. The form needs to be signed by the certificate provider who is someone who confirms that you understand it and have not been put under any pressure to sign it. The certificate provider will most likely be your solicitor or another professional person such as a doctor or social worker. 

To make a Will or a Lasting Power of Attorney, please contact our experienced team of lawyers on 01492 874774 or 596596 today.

National Safeguarding Week Wales

This week is National Safeguarding Week – #Safeguarding #Wales

Safeguarding is important because we all want to keep people safe and you can make a big difference in this by letting people know if someone needs help. If you know an adult or a child who may be suffering from abuse you are encouraged to share your concerns with those who can help them.

This year the week runs from 13 to 19 November and has been established by the Welsh Government to raise awareness of safeguarding issues. This year the focus is on children’s safeguarding and to raise awareness Welsh Government are launching a campaign called “Make the Call”.

There are some common signs that a young person may be at risk of harm, abuse or neglect. These could include:

unexplained changes in behaviour or personality
becoming withdrawn
seeming anxious
becoming uncharacteristically aggressive
lacks social skills and has few friends

For more information about types of abuse and more signs of abuse visit the NSPCC webpages.

Your call can make the difference in keeping a child or a vulnerable adult safe and you can share your concerns anonymously. If they are in immediate danger call 999. If it is not an emergency, call your local social services. Alternatively, you can call 101. If you need the help of a solicitor our professional staff can advise you in confidence in family or criminal matters and you can contact them on 01492 874774 or 596596.

Christmas holiday arrangements for separated families

Christmas holiday arrangements and children

If your relationship has broken down, and you have children, you will obviously be concerned for their well-being during the separation process and afterwards. During all the practical considerations that a separation or divorce involves, your child’s emotional and physical needs obviously are of paramount importance to you and, therefore, to us.

Our family law team is experienced in helping parents and families decide the arrangements for their children following a relationship breakdown.

Christmas holiday arrangements

More than any other time, Christmas can be difficult for newly separated families who naturally want to spend as much time with their children as possible. If you do not have plans in place, now is the time to start. Talk to your solicitor now so they can help you put arrangements in place and agree to a timetable with your ex-partner. This may be spending some of the Christmas holidays with you and some time with your ex-partner or maybe even the whole of the festive period with one parent and the next year with the other parent. The decision can depend on what works best for your family, your children’s ages, and your location.

For parents who are not living with their children the Christmas holidays can be really difficult. If you are separated from your partner and you are not hosting Christmas you may feel as though everyone else is enjoying family festivities and you feel more isolated and alone than during the rest of the year. You may feel sad that you cannot watch your children opening their presents on Christmas morning. However, it may be possible to come to an informal agreement with your ex-partner so that everyone is happy over the festive period. Ask our experienced family lawyers about making an agreement.

Make sure you focus on the children

It is important to focus on the children and make the new type of Christmas positive for them – they may have two sets of presents and two types of Christmas day. Ask them what they would like, especially if they are older. If they are old enough, share the plans with your children so they will know what is planned for the holiday.

Making long-term plans

In the long term, you could come to an arrangement of alternating Christmas, so that you get to spend Christmas Day with your children every other year. Where you are not involved on Christmas day you could have an alternative Christmas Day, when you get to do all the traditional festive things, just on a different day so everybody gets to have a full festive experience and the children get to celebrate twice.

Are you being fair to the other parent?

If you are newly separated it may be very difficult to not spend the whole of the Christmas holidays with your children. Are you happy with the proposed plans for this year and next? Is there anything that needs to be reconsidered? Are the plans fair to both of you so you both see the children for a fair amount of time? If not, maybe you should reconsider the plans. Communication is vital so that you do not duplicate presents for your children.

What happens if plans change?

If you reach a long-term agreement it is also important to be flexible in case of last-minute problems. Sometimes plans may have to be changed but last-minute changes can cause feelings of disruption and uncertainty for children. Flexibility is often an essential part of child arrangements; however, it is important to maintain consistency and provide stability for your children.

Grandparents and the children

Obviously, the separation can also affect grandparents. The parents of the non-resident parent will be unlikely to see their grandchildren at Christmas which can be upsetting. Like the non-resident parent, grandparents could try to organise a special day, or a time around Christmas, when they could give their grandchildren presents.

Make the time together special

The time that you do spend with your children over Christmas should be special and full of love. Try and communicate with your ex-partner about presents to buy the children so you do not duplicate what the other is buying.  If you have a new partner you will have to consider how to introduce spending Christmas with a new person, which could be difficult both for the children, the ex-partner and the new partner. Sometimes your ex-partner may not want to spend time with the children at Christmas or is unreliable and does not turn up when expected. Obviously, this could cause upset for you and your children. It can be heartbreaking to explain that their other parent will not be coming over Christmas, but it it is important to remain positive, and try not to criticise him or her too much in front of the children, no matter how angry this has made you feel.

Parents who may have to spend Christmas alone

If you know you will be alone on Christmas Day without your children try to make arrangements with your friends or other family. It may be that you know someone in the same situation as you.

Get advice early

It is important to seek advice early in the run-up to Christmas as the season can be a very busy time and organising a co-parenting schedule may not be easy, especially if you find it hard to talk to your ex-partner. We are here to help and if you are struggling to put plans in place this year, please talk to one of our family lawyers who can assist in negotiating an agreement between you.

Please contact us on 01492 874774/596596 for help and advice on all #family #law matters. 

What the change in divorce law means in practice

What changes to the divorce law mean in practice

On the 6th April 2022, changes were made to divorce law. No-fault divorce was introduced and a much simpler, less contentious process was implemented. Couples can now obtain a divorce without outlining the unreasonable behaviour of the other. It now is a simple click of a few buttons and the divorce is started.

The previous ground for divorce of irretrievable breakdown of marriage had to be supported by either adultery, unreasonable behaviour, desertion, two years of separation with consent or five years of separation without consent.  The update in divorce law provides a much less contentious approach to separation.

The arguments about who did what are now redundant. The cost can therefore be less. There is no toing and froing in solicitors correspondence dealing with allegations and counter allegations.

Further, there is now a 20 week cooling off period between the initial application (stage 1) being issued and the ability to apply for the second stage in the divorce, known as the Conditional Order (stage 2), previously known as the Decree Nisi. Although this is a long time, the parties are afforded the opportunity to reflect upon reconciliation. It also gives them time to resolve financial and children matters. Once the application for Conditional Order has been made, there is a further 6 week wait for the final stage of the divorce (Stage 3). You will then be granted the Final Order, previously known as the Decree Absolute. This finalises the divorce track.

Any questions in relation to divorce and more particularly in relation to children and finances, do not hesitate to give our family team a ring on 01492 874774.

Dramatic change to civil litigation - how will it affect your claim?

NEW FIXED RECOVERABLE COSTS (FRC) RULES IN CIVIL LITIGATION FAQs

On 1 October 2023, new fixed recovery costs (FRC) rules came into force in civil litigation and will apply to most civil litigation claims and cases. Ian Williams has set out below some frequently asked questions and answers in order to assist our current and new civil litigation clients with this:

1) How will this affect my case?

The new FRC rules will apply to cases where court proceedings were issued on or after 1 October 2023 for cases valued less than £100,000.00. FRC rules prior to the 1st October 2023 only applied to cases valued less than £25,000.00. Therefore, this is a big jump in the number of cases where the FRC rules will capture after the 1st October 2023.

Cases valued above £100,000.00 will be allocated to the multi-track and FRC rules will not apply.

2) Are there are any other exemptions from the new FRC rules?

Yes, the new FRC rules will not apply to the following:-

A) If any party is a protected party, for example, a child;

B) FRC will only apply in personal injury claims where the cause of action accrues on or after 1 October 2023. For example,  if an accident at work happens on 30 September, then the FRC rules will not apply to this example claim;

C) Residential housing claims are currently exempt;

D) Other types of case generally suitable for the multi-track, irrespective of value, such as mesothelioma, clinical negligence (please also see FAQ 7 below), abuse of/by children or vulnerable adults, trials by jury, and some Human Rights Act claims against the police; and

E) Costs greater than the new FRC rules can be applied for where vulnerable parties or witnesses have resulted in additional work leading to costs 20% above the new FRC rules.

3)  Where can I find the new FRC rules?

These can be found in the new Civil Procedure Rules (CPR) Part 45, which sets out the new FRC rules. A new CPR Practice Direction 45 contains the tables of FRC.

4) What is the New Intermediate Track?

Updates to CPR Part 26 include an intermediate track for claims valued between £25,000 and £100,000: r. 26.9(7)-(11).

It is the normal track where trials will be 3 days or less, and expert evidence is likely to be limited to 2 experts per party. The usual factors (set out at CPR 26.13) to consider on allocation, such as complexity, importance, and the parties’ views, will continue to play a role.

Prior to the 1 October 2023, when the new fixed recovery costs regime (FRC) came into force, civil litigation claims and matters fell into three different tracks:

a) Small claims track – for claims normally valued up to £10,000.00;

b) Fast-track claims – for claims normally valued between £10,000.00 – £25,000.00; and

c) Multi-track claims – for claim normally valued £25,000.00 or above.

The new FRC rules now adds a fourth track to this called the “intermediate track” and is for claims valued between £25,000.00 - £100.00.00. The new intermediate track will also be the normal track where trials will be 3 days or less, and expert evidence is likely to be limited to 2 experts per party. There are also other factors to be considered on allocation, such as complexity, importance, and the parties’ views, which will all continue to play a role.

5) What are the new complexity bands?

These and their respective allocated FRC can be found in Tables 12 and 14 of the new CPR Practice Direction 45. Table 12 is by reference to the complexity band of a Fast-track claim. Table 14 is by reference to the complexity band of an intermediate-track claim. The allocated FRC costs will also depend upon the value of the claim and the stage of the case where it settles. Specialist legal advice FRC can also be found in Table 13 of the new CPR Practice Direction 45.

On allocation of your case, the court must now also assign claims to 1 of 4 complexity bands (in an ascending scale) and parties can agree the band between themselves, however, if the parties or the court disagree, the court will have regard to the same factors as considered on allocation.

6)  How will this affect costs if I were to lose my case/claim?

If costs are awarded to the defendants, FRC will also apply to them if FRC rules also apply to your case/claim.

7)  What about Clinical Negligence?

These new FRC rules will apply to clinical negligence claims with a value of up to £100,000.00 where "both breach of duty and causation have been admitted" and it is suitable to be allocated to the intermediate-track.

Also, the Government are planning to introduce FRC in all clinical negligence claims valued up to £25,000.00 from April 2024.

If you have any further questions regarding the new FRC rules, or wish for our assistance with your civil litigation matter, then please do not hesitate to contact Ian Williams at our Llandudno Office on 01492 874774.

Creating a Lasting Legacy - Leaving Gifts to Charity in your Will

Creating a Lasting Legacy 

Remember a Charity in your Will

Last week was Remember a Charity Week which was to raise awareness about giving to charity in your Will. Has a charity helped you or a loved one? Charities are there for all of us often when we need help the most and often they receive little or no funding from the state. One of the most amazing things you can do to support your favourite charities long into the future is to leave them a gift in your Will. Charities often rely on gifts in Wills to continue their work.

Did you know that making a Will is your opportunity to make sure that your wishes are carried out and that all the causes you care about can be included in it? As well as remembering your loved-ones in your Will you can also include your favourite charities and organizations that you support or hold dear. Every charitable gift can help make a vital difference to charities across the country. Legacy gifts have even been able to rescue charities from closure.

Recently, as many as 6 in every 10 RNLI lifeboat rescue launches have been funded by legacy gifts. Over one third of Marie Curie’s hospice care is funded by gifts in Wills and the care for one out of every three animals that come into Battersea Dogs & Cats home is funded by gifts left by people in their Wills.

We are again participating in the Will Aid campaign this year in November, where we will draft a Will for you and you give a donation to Will Aid. They have a number of charities who benefit from this but they may not be the ones you wish to give a legacy to. For more information, please contact us.

A recent study showed that  in 10 adults in the UK said they were happy to leave a gift in their Will. If a charity has touched your life or someone you care about then please consider saying thank you by leaving them a gift in your Will. . Our experienced solicitors will be able to draft your Will for you so please contact us today on 01492 874774 or 596596.

Have you made a Will? If not, why not?

Have you made a Will?  If not, what’s stopping you?

A recent poll commissioned by charity will-writing campaign Will Aid has found that shockingly 61% of people in Wales do not have a Will. 

Here are some reasons that people mentioned as to why they had not made a Will and our reasons as to why they should not stop you!

“I don’t have time to make a Will”

Making a Will is usually quite a simple process and involves just a short amount of your time for us to take your instructions.  We are open between 9am – 5pm and we can accommodate home visits if you are physically incapable of visiting our offices and can also arrange telephone appointments.  We can also take your instructions in Welsh if you prefer.

“I’ve got nothing really to pass on”

Whilst a Will is important to note your wishes as to where your assets should go after you pass away, there are also other things just as important that you can include in your will.  Some examples are that if you have children under the age of 18 years, you can appoint a Guardian in your Will to care for them should anything happen to you; you can confirm whether you wish to be buried or cremated or whether you wish to donate your body to medical science and you can specify where you would want your pets to go should anything happen to you.

“I can’t afford to make a Will”

In light of the current cost of living crisis, it is understandable that people are wary of spending money.  At J W Hughes & Co, our charges for simple, straight-forward Wills are fixed to ensure that you know where you stand when you come to us (for example a straight-forward Will is £150 + VAT; for a couple it is £250 + VAT). 

J W Hughes & Co have once again signed up to take part in the Will Aid scheme which takes place every year during the month of November.

Will Aid is a charity will-writing campaign which has been running since 1988 and is open to all adults over the age of 18 years.  By taking part, our Solicitors volunteer their time to charity to write Wills for members of the public and instead of you paying the usual fee for the Will, you would be asked to make a voluntary upfront donation to Will Aid. 

The suggested donation for a basic Will Aid Will is £100 for a single Will and £180 for a pair of mirror Wills.

The donations raised are then distributed between the following UK Charities:-

ActionAid
British Red Cross
Christian Aid
NSPCC
Save the Children
Sightsavers
Age UK

It is a no-brainer!  If you are interested in finding out more about Will Aid please visit their website on www.willaid.org.uk or call them on 0300 0309 558.

Our solicitor, Alaw Pari recently discussed the above further on Radio Cymru’s ‘Dros Ginio’ which you can re-listen to on the BBC website.                                               

If you wish to discuss any of the above further or if you would like to make an appointment with one of our solicitors, please telephone 01492 874774 for our Llandudno office and 01492 596596 for our Conwy office.  We can take instructions in English and Welsh to ensure you feel comfortable discussing such an important document.

Ydych chi wedi gwneud Ewyllys?  Os ddim, pam ddim?

Mae arolwg barn diweddar a gomisiynwyd gan yr ymgyrch ysgrifennu ewyllysiau elusennol Will Aid wedi canfod bod 61% o bobl yng Nghymru heb Ewyllys. 

Dyma rai o’r rhesymau a nodwyd gan y bobl gymrodd rhan yn yr arolwg, ac ein rhesymau pam na dylid hyn eich nadu:-

“Does gen i ddim amser i wneud Ewyllys”

Mae gwneud Ewyllys yn broses eithaf syml.  Rydym ni ar agor rhwng 9yb – 5yh ddydd Llun i ddydd Gwener, rydym ni’n gallu dod atoch chi i wneud apwyntiad yn eich cartref os rydych yn debygol o gael trafferth i gyrraedd ein swyddfeydd, a gallwn ni hefyd drefnu apwyntiadau dros y ffôn i chi. 

“Does gen i ddim byd i basio ymlaen”

Tra bod Ewyllys yn ddogfen bwysig i nodi eich dymuniadau o ran lle rydych chi eisiau i’ch asedau fynd ar ôl i chi farw, mae yna bethau eraill sydd yr un mor bwysig gallech gynnwys mewn Ewyllys.  Rhai esiamplau ydi penodi gwarcheidwad i’ch plant os ydynt o dan 18 oed; gallwch gadarnhau os dymunwch i’ch corff gael ei gladdu neu ei amlosgi neu ei roi tuag at wyddoniaeth feddygol a gallwch hefyd nodi lle byddwch eisiau i’ch anifeiliaid anwes fynd os bydd unrhywbeth yn digwydd i chi.

“Dwi methu fforddio gwneud Ewyllys”

Mae’r argyfwng costau byw presennol yn ei gwneud hi’n ddealladwy pam fod pobl yn ofalgar o wario arian.  Yma yn J W Hughes & Co, rydym ni’n gwneud yn siwr fod cost creu Ewyllys syml yn glir i wneud yn siwr eich bod yn gwybod lle rydych yn sefyll pan rydych yn dod atom (Ewyllys syml £150 + TAW; i gwpwl £250 + TAW).

Mae J W Hughes & Co unwaith eto yn cymryd rhan yn ymgyrch Will Aid sydd yn cymryd lle bob blwyddyn yn ystod mis Tachwedd.

Mae Will aid yn ymgyrch ysgrifennu ewyllysiau elusennol a sefydlodd yn 1988.  Mae ar gael i bob oedolyn dros 18 oed.  Wrth gymryd rhan, mae ein Cyfreithwyr yn  gwirfoddoli eu hamser i elusen er mwyn ysgrifennu Ewyllysiau i’r cyhoedd ac yn lle eich bod yn talu ni ein ffioedd arferol, byddwch yn gwneud cyfraniad gwirfoddol i Will Aid.

Maent yn awgrymu cyfraniad o £100 ar gyfer un Ewyllys syml a £180 ar gyfer par o Ewyllysiau i gwpwl.

Mae’r arian maent yn ei gasglu yn cael ei rannu rhwng yr elusennau canlynol:-

ActionAid
British Red Cross
Christian Aid
NSPCC
Save the Children
Sightsavers
Age UK

Gorau po gyntaf!  Os ydych chi eisiau darganfod fwy o wybodaeth am Will Aid cerwch ar eu gwefan ar www.willaid.org.uk neu ffoniwch nhw ar 0300 0309 558.

Roedd ein cyfreithwraig, Alaw Pari ar raglen ‘Dros Ginio’ ar Radio Cymru yn ddiweddar yn trafod yr uchod ymhellach, a gallwch chi ail-wrando arno ar wefan y BBC.

Os hoffech drafod yr uchod yn fwy neu os hoffwch wneud apwyntiad efo un o’n cyfreithwyr, ffoniwch ein swyddfa Llandudno ar 01492 874774 neu ein swyddfa Conwy ar 01492 596596.  Gallwn gymryd apwyntiadau yn Gymraeg neu yn Saesneg i wneud yn siwr eich bod yn gyfforddus yn trafod dogfen mor bwysig.

What is Legal Aid and am I Eligible?

What is Legal Aid?

Legal aid is public funding given by the government which allows a person legal help in certain issues or cases. In criminal cases it is given to people who do not have enough money to get a lawyer, if their case is serious enough to need legal help.

Legal aid can help meet the costs of legal advice, family mediation and representation in a court or tribunal.

How do I get legal aid?

You will usually have to show that your case is eligible and that you cannot afford to pay for legal costs. The problem has to be serious. Below are examples of where you may qualify for legal aid:

• you or your family are at risk of abuse or serious harm because of domestic violence or forced marriage.
• you’re at risk of homelessness or losing your home
• you’ve been accused of a crime, face prison or detention
• you’re being discriminated against
• you need family mediation
• you’re adding legal arguments or bringing a case under the Human Rights Act

You will need to show that you cannot afford to pay for this help. You may have to pay some money towards the legal costs of your case or pay costs back later.

What if I have to go to Court?

You might have to pay a fee if you go to a court or tribunal in England or Wales. There is a different system of court fees in Scotland and Northern Ireland.

If you have little or no savings, and you get certain benefits or have a low income, you might be able to get money off your court or tribunal fees.

Court and tribunal fees are different from legal costs, which include paying for a solicitor to represent you.

Your legal adviser will usually apply for legal aid on your behalf. Our experienced solicitors at JW Hughes can give you all the advice you need. If you need help or advice about legal aid for either criminal or family matters, please call us on 01492 596596 or 874774.

Essential Information for Landlords

Essential information for Landlords in Wales

Since 23 November 2015, all landlords with privately rented property let out on a domestic tenancy in Wales are legally required to register with Rent Smart Wales in order to comply with the law. In order to obtain a license, landlords and agents must complete the Rent Smart Wales approved training. This ensures that landlords in Wales are clear about their rights and responsibilities. For more information click here: https://rentsmart.gov.wales/en/home/

Renting Homes Act - Essential training for landlords and agents

Now, the way you rent out homes has now changed as the Renting Home Wales Act 2016 came into force for all tenancies and licenses in Wales on the 1st December 2022.

The new law, which impacts all new and most existing tenancies in Wales, is now in place. Landlords are advised to complete the training to improve their understanding of the changes and to avoid costly mistakes. You can book this on the Rent Smart Wales website (as above).

1 June 2023 Deadline

If you are a landlord in Wales you must remember that you have only until the 1st June 2023 to convert your existing tenancies to the new occupation contract. After this date, all existing tenancy agreements will require an ‘occupation contract’ to be in place. Now, all tenants in Wales will be known as ‘contract holders’

The New Law and Converting Contracts to the New Occupation Contract

The information from Rent Smart Wales sets out the process that a landlord might follow when converting the old tenancy to a new occupation contract. The landlord has to review each of the existing terms of the old contract to decide whether that term will form part of the new converted contract. If your tenancy agreement does not expire until after 1st June, you have until that date to convert the tenancy to a new occupation contract, see additional guidance on the Rent Smart Wales website. Rent Smart Wales provides training for landlords on their website regarding the new law and provides model written statements for landlords to help them convert their tenancies. Please see the following:  https://www.gov.wales/renting-homes-model-written-statements.

If you require any help with tenancy and letting issues, please contact our Ian Williams on 01492 874774 for more information.

What is a TOLATA claim and how would it help me?

FAMILY LAW – UNMARRIED COUPLES

What is a TOLATA claim and how would it help me?

Unfortunately, unmarried cohabiting couples who separate do not have the same rights as married couples or those in a civil partnership. Therefore, if you have lived in a property with your partner but you are now separating you may have worries about where you (and your children) are going to live. However, you may be able to make a TOLATA claim. 

TOLATA stands for the Trusts of Land and Appointment of Trustees Act (1996) which gives the court the power to make decisions where there is a dispute about property between unmarried couples. Sometimes it allows you to make a claim even if your name is not on the deeds to the property. The court can make decisions on the ownership of a property and who can remain in the property.

 Sole Ownership

If the property is owned solely by one partner and not the other, disputes may arise and may be a significant cause of tension. The courts may look at whether the non-owner partner put money towards the purchase price of the property or paid for any property improvements. If this was the case, then the non-owner partner may be able to make a claim under the TOLATA legislation.

Couples with Children

For separating unmarried couples with children, a parent can make a financial claim under the Children Act (1989).  The court can order one parent to make financial contributions to provide a home for the couple’s children.

Making a Claim

This is a complex area of law and seeking early legal advice is important for you to prove your legal rights regarding a financial interest in the property, especially if you are not a named owner. Our family lawyers have a wealth of experience in this field both in making and defending TOLATA claims, and they will help you see whether you would have a valid claim and to guide you through the process. It is important to see your solicitor as soon as possible to start negotiations to reach a settlement.

Contact us today to speak to one of our experts, Philip Kentish, Joseph Hendron,  Debra Carroll and Acton Afonso on 01492 874774 or 596596.

#TOLATA #claim #unmarried #couples #children #property #rights 

Christmas Child Arrangements

CHILD ARRANGEMENTS

If your relationship has broken down and you have children, you will obviously be concerned for their well-being during the separation process and afterward. During all the practical considerations that a separation or divorce involves your child’s emotional and physical needs obviously are of paramount importance to you and, therefore, to us.

Our family law team is experienced in helping parents and families decide the arrangements for their children following a relationship breakdown.

Christmas holiday arrangements

More than any other time, Christmas can be difficult for newly separated families who naturally want to spend as much time with their children as possible. If you do not have plans in place, now is the time to start. Talk to your solicitor now so they can help you put arrangements in place and agree to a timetable with your ex-partner. This may be spending some of the Christmas holidays with you and some time with your ex-partner or maybe even the whole of the festive period with one parent and the next year with the other parent. The decision can depend on what works best for your family, your children’s ages, and your location.

Where is your focus?

It is important to focus on the children and make the new type of Christmas positive for them – they may have two sets of presents and two types of Christmas day. Ask them what they would like, especially if they are older. Share the plans with your children so they will know what is planned for the holiday. Maybe even create a wall calendar to illustrate what you have planned.

Are you being fair to the other parent?

If you are newly separated it may be very difficult to not spend the whole of the Christmas holidays with your children. Are you happy with the proposed plans for this year and next? Is there anything that needs to be reconsidered? Are the plans fair to both of you so you both see the children for a fair amount of time? If not, maybe you should reconsider the plans. Communication is vital so that you do not duplicate presents for your children.

What happens if plans change?

Sometimes plans may have to be changed but last-minute changes can cause feelings of disruption and uncertainty for children. Flexibility is often an essential part of child arrangements; however, it is important to maintain consistency and provide stability for your children.

Get advice early

It is important to seek advice early in the run-up to Christmas as the season can be a very busy time and organising a co-parenting schedule may not be easy especially if you find it hard to talk to your ex-partner. We are here to help and if you are struggling to put plans in place this year, please talk to one of our family lawyers who can assist in negotiating an agreement between you.

Please contact us on 01492 874774/596596 for help and advice on all #family #law matters. 

Photo credit: Joseph Gonzalez #unsplash

Divorce - Disclosing your Assets for the Best Settlement

If you are in the process of divorce or separation at some point you will be asked to disclose your financial assets. This is crucial for a fair settlement and your lawyer will use this to advise you to make informed decisions about any settlement.

Both parties in a divorce are obliged to provide full and accurate disclosure of their situation to each other, their lawyers, and the court, which will be necessary throughout the process of the divorce until the financial order is made.

The Form E

The usual method of disclosure of your assets will be by completing a Form E, which sets out all the assets, plus supporting documents such as bank statements, mortgage and loan documents, tax liabilities, credit card statements, income information, and any other relevant financial documents. Your lawyer will help you to fill in the Form E and will collate all the relevant information. Once completed, your Form E will be exchanged by your solicitor with your partner’s solicitor. Once your family lawyer has received your partner’s Form E they will go through it with you and consider whether it is necessary to respond with a questionnaire to request further disclosure of additional documents or missing information. Upon receipt of this, if there are still discrepancies, we can consider raising further questions and preparing a schedule of deficiencies.

In some cases, it may be necessary to appoint an accountant to review personal and business finances to investigate if there are any hidden assets or financial discrepancies.

Future Assets and Inheritances

Both parties have a duty to provide full and frank disclosure of their assets and those which they may be likely to have in the near future. However, any potential inheritance is not likely to be a disclosable asset as future inheritances cannot be guaranteed as an asset that will be available to the beneficiary in the future.

What if my former partner attempts to hide their assets?

Both parties have a duty to provide full disclosure and sign a statement that they have done so on their Form E. This should be taken seriously as there could be consequences for non-disclosure. If your lawyer becomes aware that your partner has failed to disclose the full position, they may be required to pay the cost of any additional enquiries necessary because of the failure to disclose assets. If it is proved that your partner has not provided full and frank disclosure, this will impact their credibility in court.

If there is a failure to disclose something then it could mean that the financial order is cancelled or set aside and the matter will be re-heard and a new order will be made, which will not favour the person who has hidden their assets. In extreme cases, the person who has hidden their assets may be held in contempt of court. However, thankfully this is a rare circumstance.

Our team of family lawyers will help you with all aspects of divorce and separation including sorting out the financial matters in a fair way for both parties. Please contact us on 01492 874774 (Llandudno) or 596596 (Conwy) for further information. 

Inheritance Tax and Estate Planning

Inheritance tax and estate planning

Inheritance Tax is a tax on the estate (the property, money & possessions) of someone who has died. It is a 40% tax applied after a person dies if their estate is worth over £325,000.

What is included in the estate?

The value of your estate for the purpose of inheritance tax includes:

your savings
your possessions, including property
your pension funds
subject to certain exemptions, the value of any money or property you gave away during the seven years prior to your death

The first £325,000 of your estate is tax-free so the 40% tax only applies to anything that goes over this value.

What is exempt from Inheritance Tax?

If you leave your whole estate to your husband, wife or civil partner then no Inheritance Tax will be payable.
If a husband, wife, or civil partner does not use all of their £325,000 tax-free limit, then any unused part can be passed on to their surviving partner.
You do not need to pay Inheritance Tax on anything you leave to charity and if you leave 10% or more of your estate to charity, then a reduced rate of 36% tax may apply to what is left over. Special rules apply though, so seek legal advice if you are planning to do this.
Gifts of up to £3,000 in each tax year are exempt from Inheritance Tax, as are small gifts to individuals and some wedding or civil partnership gifts. But be aware that gifts made while you are alive could be liable for Inheritance Tax, depending on how much they were and when they were given.

When is there no tax to pay?

Normally there is no Inheritance Tax to pay if:

The value of your estate is below the £325,000 threshold
You leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club.

If your estate is sufficiently large, inheritance tax will be charged after you pass away. But there are ways you can cut your estate's tax bill and increase the tax-free amount being passed on to your heirs.

How can I minimize the inheritance tax payable?

Some of the options include:

Keeping below the threshold of £325,000
Put your assets into a trust
Giving gifts and giving your assets away
Leaving money to charity
Leaving your estate to a spouse
Maximizing your property allowance
Considering equity release
Taking out life insurance
Using a deed of variation

If you leave your home to your children in your will (including adopted, foster or stepchildren) your threshold can increase from £325,000 to £500,000.

The standard Inheritance Tax rate is 40% and it is only charged on your estate that is above the threshold. For example, your estate is worth £500,000 and your tax-free threshold is £325,000 therefore Inheritance Tax will be 40% of £175,000 (500,000 – 325,000).

However, because the rules are complicated, we suggest that you seek legal advice before making any gifts or taking any other actions towards planning your estate. Therefore, please contact one of our expert solicitors who can give you advice on inheritance tax and estate planning on 01492 596596 or 874774.

Unmarried Couples Protect Yourself with a Cohabitation Agreement

Unmarried Couples Rights and Protecting yourself with a Cohabitation Agreement

Cohabiting couples make up the fastest-growing type of family in the country, according to the Government’s Women and Equalities Committee.   Their results show that there are now 3.4 million cohabiting couples in England and Wales. However, these cohabiting couples have less legal protection in the event of death or separation than those who are married or in a civil partnership. According to the Committee, there is a widespread perception that unmarried couples have the same rights as married couples do but this is not the case.

The Importance of a Cohabitation Agreement

The Committee is now calling on the Government to improve the rights of cohabiting partners and they are investigating the issues and how changes might be introduced. While this is going ahead it may mean changes in the future, but if you are currently cohabiting you may like to protect yourself by drawing up a Cohabitation Agreement, which is a legal document between unmarried couples who are living together. It sets out the arrangements for finances, property, and children while you are living together and what happens if you separate, become ill, or die. Although you can make an agreement at any time, it is good to do it before you move in together or if you decide to have children or get a mortgage. Without one, you do not automatically have rights like married couples,  even if you have lived together for a long time and have children. So, having a legal cohabitation agreement can be useful, alongside a will, if one of you becomes seriously ill, dies or you separate. It will protect you both, and any other family members who may be affected. An agreement can make sure you have a share of each other’s assets and next of kin rights in a medical emergency. A cohabitation agreement can also help you divide bills and other responsibilities while you live together.

What to Consider

You and your partner should look at your assets and discuss how will want them to be divided. Your assets could include property, investments, pensions, and savings.

Our family lawyers can help you prepare a cohabitation agreement and make sure it is legally binding. You will also need to gather relevant documents for us.

When you contact us, we will ask you if you rent or own a property and whose name the property is in and whether you have done any property improvement that either of you has paid for. We will ask you about the value of your assets and both of your earnings. We will also ask about your family situation and whether you or your partner have any children.

We may suggest one of you gets advice from a separate solicitor before signing the agreement. This makes sure it protects both of your interests and reflects what you both want. We will be able to advise you how long the process should take, and we can advise you about making a will if you have not already made one.

Cohabitation agreements can also be made between people who are not romantically involved – for example, friends or siblings who live in a house together.

Costs

The cost of getting an agreement can vary depending on your circumstances. However, remember you may have to pay much more in legal fees if something goes wrong and you do not have a cohabitation agreement.

Change of circumstances

If your circumstances change, for example, you have children, buy property together or move to another country, contact your solicitor. We can advise you of any changes you may need to make to your agreement, which may not be legally binding if you do not update it when your circumstances change.

For more information and to make a Cohabitation Agreement or a new Will, contact our experienced team of family lawyers on 01492 874774/596596 today.

Safeguard your future by reviewing matters now

What is a Lasting Power of Attorney and Why Do I Need One?

What is a Lasting Power of Attorney and why do I need one?

A lasting power of attorney (LPA) is a legal document, which gives someone else the power to make decisions on your behalf. There are several reasons why you might need someone to make decisions for you or act on your behalf. This could just be a temporary situation: for example, if you're in hospital and need help with everyday tasks such as paying bills. But you may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.

What is mental capacity?

Mental capacity means the ability to make or communicate specific decisions at the time when they need to be made. To have mental capacity you must understand the decision you need to make, why you need to make it, and the likely outcome of your decision.

Types of lasting powers of attorney

A lasting power of attorney (LPA) is a way of giving someone you trust (your attorney) the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself.

There are two types of LPA:

LPA for financial decisions
LPA for health and care decisions.

LPA for financial decisions

An LPA for financial decisions can be used while you still have mental capacity, or you can state that you only want it to come into force if you lose capacity. This can cover things such as buying and selling property, paying the mortgage. investing money, paying bills, and arranging repairs to your property. You can restrict the types of decisions your attorney can make or let them make all decisions on your behalf.

If you are setting up an LPA for financial decisions, your attorney must keep accounts and make sure their money is kept separate from yours. You can ask for regular details of how much is spent and how much money you have. These details can be sent to your solicitor or a family member if you lose mental capacity. This offers an extra layer of protection.

LPA for health and care decisions

This covers health and care decisions and can only be used once you have lost mental capacity. An attorney can generally make decisions about things such as: where you should live, your medical care, what you should eat, who you should have contact with, what kind of social activities you should take part in. You can also give special permission for your attorney to make decisions about life-saving treatment.

Word of Warning

If you are married or in a civil partnership, you may have assumed that your spouse would automatically be able to deal with things like your bank account and pensions, or make decisions about your healthcare, if you lose the ability to do so. This is not the case. Without an LPA in place, they will not have the authority.

What happens next?

If you decide you want to put an LPA in place, your solicitor will have the relevant forms and an information pack from the Office of the Public Guardian. Your solicitor will help you fill in the form. The form needs to be signed by the certificate provider who is someone who confirms that you understand it and have not been put under any pressure to sign it. The certificate provider will most likely be your solicitor or another professional person such as a doctor or social worker. The LPA will then be registered with the Office of the Public Guardian and will be processed within around 9 weeks.  It will cost £82 to register the LPA.

If you would like more information or to set up an LPA, please contact us on 01492 874774 or 596596 to speak to one of our expert solicitors.

Divorce and Sharing your Pension - What do I need to know?

Divorce and sharing your pension – what do I need to know?

A recent survey by Aviva insurance company revealed that one in six people did not know that their pension might be affected by their divorce. The research regarding 1000 people found that 8% of them did not have their own pension provision and had been relying on their partner to finance their retirement. As a result, 19% said they would be significantly worse off in retirement in the event of divorce. Almost a third had not made any claim on their partner’s pension upon divorce.

In April, the “no-fault” divorce rule changes came into force in England and Wales, which means that married couples can start proceedings without apportioning blame. The report states that it is important for couples who are separating to understand the impact divorce will have on their finances, including pensions. The Office for National Statistics showed that 103,592 divorces were granted in England and Wales in 2020. This total may increase in the coming years because of the no-fault divorce rule changes.

After the matrimonial home, pensions are usually the greatest asset within a marriage. It is therefore imperative to deal with pension sharing on divorce, by seeking a financial settlement with your former spouse. However, it is common that one person may have a significant pension while the other may have little or none. It can often be a complex issue which is often best achieved by obtaining a pension sharing order, which is a type of court order that makes your financial settlement legal and binding for both parties.

What is a pension sharing order?

A pension sharing order is a mechanism used by the court that enables pensions to be divided (not necessarily equally) in proceedings for divorce or civil dissolution.

Before pension sharing was introduced in December 2000, a spouse who had not worked during the marriage might be left with no pension entitlement at all after a divorce. However, since then the law allows a couple to make a clean break order, dividing any pensions between them or creating a new personal pension for the other spouse. The separation of pensions between spouses following a divorce is done by the way of obtaining an order from the court.

How does a pension-sharing order work?

Pension sharing is one of the options available when you divorce. It allows for a clean break between the couple as the pension assets are divided straight away. This means that each party can decide what to do with their share independently. If the couple decides that it is the right option for them it is important to know that it can only happen with a court order because pension providers cannot make changes to anyone’s pension without instruction from the court. Once the assets have been assessed the court will award a percentage of one person’s pension value to the other person, this is known as pension credit and the amount deducted from the other party is known as a pension debit.

The exact amount of the pension credit will not be known until the court order is finalized. The amount to be transferred should be a percentage of the cash equivalent value (CEV). However, the CEV can fluctuate considerably over time because of the stock market so it is important to use the most up-to-date valuations. 

Pension  sharing is not an option for couples who have been living together but who are not married. 

As this is a complex issue, it is important to seek the advice of an experienced family lawyer so please contact us on 01492 874774 or 596596 for more information, help and advice.

New Reform for Divorce Laws April 2022

Removing the blame

Following years of campaigns to remove the need to ‘blame’ one person in a couple, the Government has responded to calls to reform the divorce law. So from April 6th 2022, one of the biggest changes to the divorce laws in almost 50 years is being introduced in the hope of making the process more amicable. This will remove the requirement for one person to blame their spouse for the breakdown of the marriage.

History

One of the cases which highlighted how outdated the current law is was the case of Owens vs Owens, which began in 2015. Mrs Owens wanted a divorce and cited her husband’s “unreasonable behaviour” as the reason for it. However, the judge disagreed and dismissed her petition saying that this behaviour was not sufficiently unreasonable and “could be expected within a marriage.” This meant they remained unhappily married until 2020 when she could apply again based on 5 years separation without requiring her husband’s consent. This case highlights what can happen with the current law as it stands where a husband and wife are forced to remain married when one wants a divorce.

The New Divorce Law

Under the current law, people can only apply for a divorce if they can prove to the court that their marriage has irretrievably broken down and that one of the following five grounds are relevant to that breakdown.: 1. Adultery, 2. Unreasonable behaviour, 3. Desertion, 4. 2 years separation with consent, 5. 5 years separation without consent. This frequently means that an element of blame must be put on the person receiving the application. This has been known to add unnecessary animosity, stress and increased costs to an already fragile situation. However, under the new law couples will be able to divorce without having to cite blame and the fault element will be removed. Only one ground will remain for divorce and that will be that the marriage has ‘irretrievably broken down.’

How will this affect me?

Because you will be able to divorce without blaming the other person for their behaviour or adultery, there will no longer be a need to prove the breakdown of the marriage only to confirm that an irretrievable breakdown has occurred. This will prevent a divorce petition from being defended. There will also now be an opportunity for a joint application. Currently, only one spouse can apply for divorce but the new system will allow both parties to apply on a joint, amicable basis but there will still be an option for a single application.

There will also be changes in the legal language used. For example, the first stage, known currently as Decree Nisi will be changed to ‘Conditional Order’. The final stage, currently referred to as Decree Absolute, will be referred to as the ‘Final Order’.

A period of at least 20 weeks between issuing the divorce application and applying for the Conditional Order will help ensure that couples do not rush their divorce and can consider whether it is right for them to end their marriage. The six-week period between the Conditional Order and the Final Order will remain. These changes will also apply to the dissolution of civil partnerships.

Some questions remain as to how these changes will work in practice including how the courts will address costs and what will happen if one party withdraws from a joint application. However, the changes seem to be a welcome positive step towards a more amicable divorce.

If you need help and advice about this or any other family matter, we have a team of experienced family lawyers in our offices in Llandudno and Conwy who can help you with all aspects of divorce, separation and civil partnership. To talk to them, telephone Llandudno 874774 or Conwy 596596 or email mail@jwhlaw.co.uk.

New Changes to Wales Housing Law

From July this year there will be the biggest change to housing law in Wales for decades. This will come into force on 15th July 2022, and it will change the way all landlords in Wales rent their properties. According to the Government, it will improve how we rent, manage, and live in rented homes in Wales

Who is affected by the new law?

All social and private tenants will see some changes in the way their contracts are provided, in the way their homes are maintained and how they communicate with their landlords. All social and private landlords, including those who rent their properties through management companies or agents, will need to comply with the new law and make the required updates to their properties and paperwork.

What does the new law mean for me?

If you are a tenant

According to the Government, the new law will make renting easier and provide greater security. Under the new law, tenants and licensees will become 'contract-holders'. Tenancy agreements will be replaced with 'occupation contracts'.

For contract-holders this will mean receiving a written contract setting out your rights and responsibilities; an increase in the ‘no fault’ notice period from two to six months; greater protection from eviction; improved succession rights, these set out who has a right to continue to live in a dwelling, for example after the current tenant dies and more flexible arrangements for joint contract-holders, making it easier to add or remove others to an occupation contract.

If you are a landlord

For landlords this will mean a simpler system, with two types of contract: ‘secure’ for the social rented sector and ‘standard’ for the private rented sector. It will mean that landlords must ensure that their rental properties are fit for human habitation (FFHH). This will include electrical safety testing and ensuring working smoke alarms and carbon monoxide detectors are fitted. It will also mean that abandoned properties can be repossessed without needing a court order.

What should I do next?

The Government states that it wants this transition to be as smooth as possible for everyone so, whether you’re a landlord or a tenant, it is important you know what the changes mean for you.

For more information please see: https://gov.wales/housing-law-changing-renting-homes. If you require legal advice, please contact us either at our Llandudno office on 01492 874774 or Conwy office on 10492 596596 thank you.

New Divorce Law April 2022

Ending the blame game

Following years of campaigns to remove the need to ‘blame’ one person in a couple, the Government has responded to calls to reform the divorce law. So from April 6th 2022, one of the biggest changes to the divorce laws in almost 50 years is being introduced in the hope of making the process more amicable. This will remove the requirement for one person to blame their spouse for the breakdown of the marriage.

History

One of the cases which highlighted how outdated the current law is was the case of Owens vs Owens, which began in 2015. Mrs Owens wanted a divorce and cited her husband’s “unreasonable behaviour” as the reason for it. However, the judge disagreed and dismissed her petition saying that this behaviour was not sufficiently unreasonable and “could be expected within a marriage.” This meant they remained unhappily married until 2020 when she could apply again based on 5 years separation without requiring her husband’s consent. This case highlights what can happen with the current law as it stands where a husband and wife are forced to remain married when one wants a divorce.

The New Divorce Law

Under the current law, people can only apply for a divorce if they can prove to the court that their marriage has irretrievably broken down and that one of the following five grounds are relevant to that breakdown.: 1. Adultery, 2. Unreasonable behaviour, 3. Desertion, 4. 2 years separation with consent, 5. 5 years separation without consent. This frequently means that an element of blame must be put on the person receiving the application. This has been known to add unnecessary animosity, stress and increased costs to an already fragile situation. However, under the new law couples will be able to divorce without having to cite blame and the fault element will be removed. Only one ground will remain for divorce and that will be that the marriage has ‘irretrievably broken down.’

How will this affect me?

Because you will be able to divorce without blaming the other person for their behaviour or adultery, there will no longer be a need to prove the breakdown of the marriage only to confirm that an irretrievable breakdown has occurred. This will prevent a divorce petition from being defended. There will also now be an opportunity for a joint application. Currently, only one spouse can apply for divorce but the new system will allow both parties to apply on a joint, amicable basis but there will still be an option for a single application.

There will also be changes in the legal language used. For example, the first stage, known currently as Decree Nisi will be changed to ‘Conditional Order’. The final stage, currently referred to as Decree Absolute, will be referred to as the ‘Final Order’.

A period of at least 20 weeks between issuing the divorce application and applying for the Conditional Order will help ensure that couples do not rush their divorce and can consider whether it is right for them to end their marriage. The six-week period between the Conditional Order and the Final Order will remain. These changes will also apply to the dissolution of civil partnerships.

Some questions remain as to how these changes will work in practice including how the courts will address costs and what will happen if one party withdraws from a joint application. However, the changes seem to be a welcome positive step towards a more amicable divorce.

If you need help and advice about this or any other family matter, we have a team of experienced family lawyers in our offices in Llandudno and Conwy who can help you with all aspects of divorce, separation and civil partnership. To talk to them, telephone Llandudno 874774 or Conwy 596596 or email mail@jwhlaw.co.uk.

Grandparents rights to see their grandchildren

Grandparents’ rights to see their grandchildren.

Recently, The Law Society highlighted the issue of grandparents not seeing their grandchildren and how family lawyers and the courts could help with this on their regular “Solicitor Chat” feature on Twitter.  This is a summary of what was discussed.

A relationship breakdown is the most common reason for grandparents not being able to see their grandchildren, but family lawyers can help you to find a solution.

Q1 – What rights to grandparents have in relation to their grandchildren?

Although grandparents do not have any automatic legal rights to see their grandchildren, they can apply for rights to see their grandchildren under the Children Act 1989.

Q2 - If a parent refuses to allow grandparents to see their grandchild, what steps can be taken to resolve this?

The first step should be to try and reach an informal arrangement with the parent to discuss why they have stopped contact. If one cannot be reached, then the next step is to suggest mediation where the parties can discuss the issues with a neutral third party to try and help them reach an agreement. If this isn’t successful, then the grandparents can ask the court for permission to apply for a child arrangements order, which will give them time with their grandchildren.

Q3 - How can mediation help disputes between parents and grandparents?

Mediation offers a forum to discuss and work through issues in a safe and neutral way. Family mediation involves a series of face-to-face discussions between the grandparents and the parents, which will be facilitated by a trained, impartial mediator.

Q4 - What does the court consider when considering an application from grandparents to see their grandchild?

The overriding consideration in family proceedings is the welfare of the child. The court will consider the grandparent’s connection with the child, the nature of the application for contact, whether the application might be potentially harmful to the child’s wellbeing and any other factors deemed relevant, including the wishes and feelings of the child if they are old enough to be considered (usually 11 onwards). So, it will look at the previous relationship between the grandparents and grandchild. If they've spent lots of time with them and have a strong bond it's more likely that an order will be made.

If you have any concerns and wish for legal advice, please contact our team of experienced family lawyers on Llandudno 874774 or Conwy 596596.

Covid-19 and our family legal services

The impact of the pandemic in the UK has been significant as we know with a huge knock-on effect of disruption for many aspects of society. However, at J W Hughes & Co. we have continued to provide an excellent legal service for all our clients while many staff have worked remotely from home. This has meant some changes to the way we have traditionally worked, including the use of more emails rather than postal services and meetings with clients virtually via Zoom, Skype or telephone and some remote court hearings.

However, things are now slowly getting back to normal and most of our staff are back in the offices. Although we are not generally offering face-to-face meetings yet, we wish to provide you with the reassurance that we are available and well-equipped to deal with your case in any circumstances and that can continue to provide advisory services without interruption or disruption. We will continue to monitor the situation and provide more options when it is safe to do so.

We understand that separating couples have experienced a particularly challenging time, especially those who have had to live under the same roof in lock down. For anyone encountering matrimonial difficulties, please contact our experienced team of matrimonial lawyers and we will send you an initial questionnaire which will give the solicitor more information. Then, we offer a first meeting free of charge for the initial consultation.. In the current climate, this will be by telephone and within that meeting the solicitor will ask you to explain the issues, will explain your options and the likely procedure, give an estimate of your likely costs, and ask you how you wish to proceed. If you are happy to proceed, we will open a file for you and guide you through the divorce process.

If you have any concerns about your own circumstances, please get in touch with a member of our family team on Llandudno 874774 or Conwy 596596 thank you.

Domestic Abuse and Your Options

Everyone has a right to feel safe and protected. Here at J W Hughes & Co, we have a specialised team of family solicitors dedicated to offering you clear advice and support about the options available to you to help you feel more protected as a victim of domestic abuse. The two main protective orders are Non-Molestation Orders and Occupation Orders. 

Domestic abuse covers a wide gambit of abuse from emotional, psychological, physical, sexual, and financial. Many victims endure controlling and coercive behaviour at the hands of their perpetrators and often are too afraid to seek advice or protection. Those who have reported incidents to the police where the outcome has not been favourable i.e., no further action is taken, may feel disheartened and uncertain of their options. 

J W Hughes & Co have offices in Llandudno and Conwy with family solicitors who will explain your options clearly and guide you through the process. 

Funding:

Legal Aid is means and merits tested. J W Hughes & Co offer Legal Aid to clients that are victims of domestic abuse. We can discuss the eligibility criteria with you in more detail during the initial consultation.

Non-molestation Orders:

This is an Order preventing an associated person from harassing or molesting you/a child. The conditions of the order can be stipulated by the Applicant, but it essentially prohibits the perpetrators from doing something.

Occupation Order: 

An occupation order grants the Applicant the right to live in the dwelling-house. The Court has the power to decide who should or should not reside in all or part of the house, and how long for. The Court will base this decision on the balance of harm test and the core criteria test. The Court can attach a power of arrest at their discretion if they feel it is necessary and proportionate.

J W Hughes & Co solicitors have ample experience helping clients apply for Non-Molestation orders and Occupation Orders. To find out more information please contact one of our family solicitors at J W Hughes & Co on 01492 874774 for the Llandudno office or 01492 596596 for the Conwy office.

Why you should use a Local Solicitor for conveyancing

Introduction

We are now in a digital age where you can do anything online. This has led to an introduction of online conveyancers dealing with sales, purchases, remortgages and transfers of equity. Quite often, these services can be provided by online conveyancers at a cheaper price than using a local solicitor, but is the cheapest option the one that you should take? Can you trust this cheaper service provider to handle what might be the biggest financial transaction in your life? Here are five reasons why you should consider instructing your local solicitor to deal with your conveyancing matter:

Local Lawyers have Local Knowledge

Your local solicitor, such as our experienced lawyers at JW Hughes & Co., will have local knowledge, for example, of the problems in certain areas which will show up in title or search results, etc. They will have knowledge of the price of searches and likely return dates. They will have connections with other solicitors and professionals, such as accountants, financial advisers, removal companies, surveyors, plan providers, auctioneers, local authorities. They will have no doubt worked with the other solicitor before and will be able to resolve any problems more rapidly.

Anti-Money Laundering checks have become much more stringent in recent years but when you are dealing with a local solicitor the checks can be easily satisfied by simply bringing your identification into the office and meeting with your solicitor, rather than having to send important documents in the post.   

If a problem arises during a transaction, local solicitors will have the benefit of being able to visit the property to gain a better understanding of the issues, for example,  if there is a right of way for access in dispute.

Local Lawyers Offer a more Personalised Service

We at JW Hughes & Co offer a personalised service for our clients, giving them time with us, which means you are able to come into our offices in Llandudno or Conwy to sign any documents that are needed during the conveyancing process. We are also here for you if you need documents witnessing, or for any additional questions you may have. This means that we do not have to rely on the postal service because we can talk to you face-to face. You will be provided with your Solicitor’s  e-mail address and telephone number and you can rest assured that when you telephone the office, you will never be asked for a reference number or post code, we will be able to identify you by your name.

In addition, we can offer other services to help you, such as drafting Wills, Probate, Family, Business etc. For more information see our website. We can provide a flexible service and, whilst we have standard working hours, all solicitors are flexible and able to have appointments outside of working hours and even at client’s homes or places or work if necessary. Much of our work comes from our existing clients and their recommendations to friends or family. We pride ourselves in giving a lifetime service to people and, to that end, we will provide a service tailored to you as an individual client. Online nationwide conveyancers will go through thousands of cases every year and, because they offer cheaper services and employ less qualified staff, they are more likely to focus on meeting a quota. 

Some of our lawyers are Welsh speaking and if you would like to speak to someone in Welsh, please contact the office and ask for this service.

Local Lawyers are Independent

A local solicitor is more independent. For example, referral fees have come under scrutiny of late, especially when firms have not disclosed to their clients that they are actually paying a fee and the amount of that fee. We do not involve ourselves in any form of referral arrangements with estate agents but we rely on their recommendations from dealing with us on previous transactions. Our only interest is that of the client. Although we do have connections with local professionals, we do not have financial connections and our work comes via recommendations only. Some online conveyancers have direct links with estate agents, which may mean that they do not disclose potential problems to you, however, we would not be afraid to advise you of any problems if we identify them during the conveyancing process.

Cheaper is not always better

Although online firms may say that they are cheaper, this does not automatically mean the online firms are more efficient. It may be more likely that they are conscious of costs and might be unwilling to spend as much time as we do in answering any queries that you may have. We are not afraid of advising you not to proceed if there is a problem that cannot be rectified.

We offer fixed fee quotes (which is a requirement set by our regulator) and it is very uncommon for us to charge more than the fixed fee. But, if for some reason, moving from the fixed fee is unavoidable, we will keep your informed of any changes at the earliest possible stage. You can be assured that we employ fully qualified legal professionals who will expertly guide you through the whole process. Online conveyancers often will use unqualified staff members to cut costs.

Local Lawyers are regulated by the Law Society

JW Hughes & Co is an SRA-regulated law firm. This means that we meet very high standards. Online conveyancers will be subject to regulation, but it is not as stringent as this. We also are part of the Conveyancing Quality Scheme, which is a quality mark provided by the Law Society. Normally, this is a prerequisite when law firms apply to go on a mortgage lenders’ panel of solicitors. This means that we provide regular training for our staff, including keeping our knowledge up to date with various changes in the law and procedure.

 If you are thinking of buying or selling a house, please contact us at JW Hughes & Co. Our experienced conveyancers, Nick Passey and Rhys Lewis work in our Conwy office, contact them on 01492 596596 np@jwhlaw.co.uk, rl@jwhlaw.co.uk. Kim Wilkinson and Alaw Pari (Welsh speaking) work in our Llandudno office, contact them on 01492 874774  kw@jwhlaw.co.uk, alaw@jwhlaw.co.uk

Rights of unmarried couples and 'common law' marriage

Recently, the Law Society had a Valentine’s themed Solicitor Chat about common law marriage and the rights of unmarried couples. Here is a summary of the main points discussed and how we can help you at JW Hughes & Co.

What does “common law marriage” mean and is it legally valid?
There is no such thing as legally recognised “common law marriage” in England & Wales. Cohabiting couples who later separate often find that the law does not achieve fairness or meet their needs. Cohabiting couples should therefore consider entering into a Cohabitation Agreement.

How do the rights of married and unmarried couples differ?
The laws relating to married and unmarried couples differ greatly. Those who are married have more legal rights both during the marriage, upon separation and on the death of their partner. There are some legal remedies available on separation for unmarried couples, but the court has less discretion than when dealing with those who are married.

What is a Cohabitation Agreement and what are the benefits of unmarried couples having one?
A Cohabitation Agreement sets out the terms on which a couple will live together. It will list their assets at the time they move in together and will also set out what will happen if the relationship fails and they separate. It is an agreement that unmarried couples can enter to set out how they will share their finances while living together or what happens if one of them becomes ill, dies, or they split up. For an agreement to be valid, both parties need to enter it freely and voluntarily. The agreement needs to be in the form of a deed and each person needs to sign it. The agreement needs to be kept up to date for major life changes. It affords a couple the opportunity to have a greater degree of security and certainty on their financial relationship in the event of separation, addressing everything from joint property and bank accounts, to pension and death in service arrangements.

How can unmarried cohabiting couples make sure their children are protected?
The law offers protection for children under the Children Act. If you are separating and you are concerned about meeting the needs of your children, speak to our family lawyers about the options available to you in relation to financial provision for them. If the father is named on the birth certificate, both parents share legal parental responsibility for the children. If there is a dispute relating to the care arrangements for the children, you have the same protection as married couples.

 How else can we advise cohabiting couples on protecting their assets and each other? We can advise you on a range matters that can be included in a Cohabitation Agreement. Also, we can advise you in relation to pre-nuptial agreements if you subsequently decide to marry. It is also important to seek advice from one of our lawyers in relation to making a Will if you wish for financial provision to be secure for your partner on your death.

For more information about Cohabitation Agreements and advice from an experienced family lawyer, contact us today on 01492 874774 or 01492 596596.

Personal Injury Claims in Winter

Recently, the Law Society’s solicitor chat discussed accidents in winter and how your solicitor can help you if you have been affected. Here is a summary of the discussion and the ways we can help you.

Do you notice a rise in personal injury claims during the winter months?

Yes, the roads and footpaths can be particularly dangerous in the winter months; darker nights and poor visibility mean that we tend to see a rise in road traffic accident and tripping claims. The number of enquiries increase from road users, pedestrians and cyclists. But it does not necessarily mean that there is a rise in personal injury claims. As with any type of personal injury claim, it must have enough prospects of success in order to be pursued.

Talk us through the process of making a personal injury claim

If you have had an accident, the first thing to do is to contact a solicitor, like our Ian Williams, who can advise you of the process.  He will be happy to provide free advice over the phone to see whether you are eligible for a claim. Ian will take down the details of the claim and he will establish whether the prospects are good enough to proceed. Discussions will then take place in respect of how the matter is to be funded. Once funding is agreed, we will send you our client care letter and ask you for some identification. Once the client care documents have been signed, we will open a file. The allegations of negligence or breach of duty can be sent to the Defendant and they will investigate and provide an admission or denial of liability. Broadly speaking, if this is admitted, we will obtain medical evidence and look to negotiate a settlement. If it is denied, we will obtain reasons plus disclosure documents supporting the denial and assess the case. If denial is still maintained and prospects are good, we will issue proceedings to resolve the matter. You will have to undergo a medical examination with an independent expert and your we will ask you to provide details of your financial losses. Once the evidence is complete, we can negotiate settlement with the other side.

What information will we need you to provide if you need to make a personal injury claim?

Information is vital. The more detailed information you can provide the better, the most important pieces of information are the accident date and location. You will need to be able to provide witness details if applicable. You will need to provide as much information as possible about the circumstances of the accident, including the events leading up to and after the accident, including details of any hospital/GP attendance (when & where) and provide photographs of any injuries. Set out items you have lost and support this with documents and receipts. If you have reported the incident, full details of to whom and when it was reported are important.

If an accident is caused by bad weather, what are your rights when it comes to making a personal injury claim?

An accident in bad weather does not bring an automatic right to pursue a claim for compensation. For there to be a basis of a legal claim, there must be negligence or a breach of duty of care on the part of the Defendant which could, for example, be a local authority or landowner. As each accident is assessed on a case-by-case basis, the best thing to do is to speak to our Ian Williams as soon as possible who will be able to advise you whether you have a potential clam. You have 3 years from the date of the accident to bring a claim (i.e., court proceedings must be issued). If you have a viable claim, you must submit a Claim Notification Form or Letter of Claim to the Defendant and expect a substantive response in relation to liability within 3 months from acknowledgement. Remember, it is not just snow and ice which can cause accidents in bad weather. Flying debris as a result of high winds can also be very dangerous.

Who is responsible for making sure public areas are safe in icy conditions?

Local Councils have a legal obligation to ensure all pavements, paths and highways are safe to travel upon, however, the law accepts that councils will not have the resources or ability to clear snow and ice from every pathway. The situation is different if the local authority or Highways Authority were warned about the state of a pathway and failed to react. In this instance, it is highly likely that they would be held responsible for any injuries. However, with privately owned land, such as car parks, the landowner is responsible for maintaining customer safety and they will have their own procedures to follow. If you do not know who that is, your solicitor will conduct searches to obtain this information.

If you have had an accident and wish for expert advice, please contact Ian Williams on 01492 874774 to discuss your claim today.

Data Protection Day 2020

Today is Data Protection Day. We take data protection very seriously. Your personal data will only be obtained and retained by us for the purposes of providing legal advice and services pertaining to your matter.  We do not process your personal data for any other purpose. We use up-to-date procedures to keep personal data as safe and secure as possible and to protect against loss, unauthorised disclosure or access.

Unfortunately, there are people who will try and target lawyers and their clients. We would like to remind you that we will never email you to inform you of a change to our bank account details.  If you receive such an email, please let us know. If you are transferring money to us, please speak with a member of staff to confirm our account details before doing so. Please also be aware that fraudulent communications may also contain false telephone numbers.

New Year New Will

New Year New Will.

Recently, the Law Society’s Solicitor Chat discussed making a Will. Here is a summary of the main points and how our experienced lawyers can help you make a Will.

What is the process of making a will and how can we help?

A Will appoints people to deal with your estate after your death and states who benefits from your estate. It is a legal document so it is important to get it right and taking qualified advice from our experienced solicitors will achieve this. We will obtain information regarding your assets, beneficiaries, guardians and executors, in order to be able to produce a Will which represents your wishes and is legally valid. The first stage of the process will be a discussion as to what your assets are and who you wish to inherit them on your death. The best way to start is by having a meeting with one of our solicitors who will discuss with you your circumstances and wishes. We know how to ask the right questions to fully understand your position.

What could happen to your estate if you die without a valid Will in place?

If you die without a valid Will, the rules of intestacy govern where your Estate will pass. These rules set out a hierarchy of who is to inherit from your Estate. Ultimately, if you pass away without a valid will and leaving no relatives surviving, under the intestacy rules your Estate would pass to the Crown. Therefore, it is very important to have a Will in place to ensure your Estate passes to those you choose.

You don't have to use a solicitor to make a Will but, what are the risks of using a DIY wills kit or an unregulated service?

For a Will to be valid there are strict requirements set out by law. Our qualified solicitors will be able to guide you through the process and can ensure that the Will is completed efficiently, effectively and with appropriate evidence to support the position. Unregulated Will writers do not necessarily have any qualifications to advise you appropriately. Will writing companies are not regulated so there is no higher authority to complain to if there are mistakes. Also, they are often more expensive or will talk you into complicated wills that you do not need.

People tend to think you only need to make a will if you're older so why is it important for everyone, no matter their age, to consider making or updating their will?

Often people assume that if they have little by way of assets that they do not need a Will. This is not the case, everyone has something to leave, whether an estate, bank balance or box of jewellery. So, it is important to make a Will and keep it up to date if circumstances change.

Anyone with assets or children should consider making a Will to ensure your estate passes to your chosen beneficiaries. This is especially important if you are unmarried or not in a civil partnership because otherwise your partner will not inherit under the intestacy rules. Also, with regards to your family, it makes life much easier for those left behind because you can appoint an Executor to handle the administration of your estate and you can give your wishes for your funeral in the Will.

Why is the New Year a good time to make or update your Will?

January is a time for New Year’s resolutions and getting our affairs in order. What could be more important than deciding to ensure that your friends and family are provided for in the event of your passing?

Make your Will your New Year's resolution! Please contact one of our lawyers in Conwy (596596) or Llandudno (874774) today.

Leaving gifts to charity in your Will

Today is #World Kindness day so we are looking at leaving gifts in your Will to charity.

Recently the Law Society’s Solicitor Chat covered Wills and leaving gifts to charity. Here is a summary of the main points to consider and how JW Hughes can help you with the decisions you wish to make when including a donation to charity in your Will.

What are the benefits of leaving a gift to charity in your Will?

Leaving a gift to charity in your will allows you to support a worthwhile cause, which is likely to rely on this type of donation to continue their work. In addition to helping a charity, if you leave at least 10% of your estate to charity, your estate will benefit from a lower rate of Inheritance Tax. Any gifts given in your Will to a charity will not be subject to Inheritance Tax. Our solicitors will be able to provide more details about Inheritance Tax based on your specific circumstances.

What types of gift can you leave to charity in your Will?

There are several types of gifts you can leave to charity in your Will, such as:

A financial gift of a specific sum of money.
A specified personal item, such as a piece of jewellery or artwork.
A share of the remainder of your estate, known as the ‘residue’ – this is the sum left in your estate after the payment of all expenses and when any other specific gifts stated in your Will have been paid.

In addition, you can also consider stating that a preferred charity could benefit from a house clearance. This will allow your executors to donate your personal and household items to a charity rather than them simply being discarded or thrown away.

Can you specify in your Will how you wish a charity to use a specific gift?

It is possible to specify in your Will how you wish a charity to use the gift but if the charity is unable to follow these requirements then the gift may fail, which can cause complications in the administration of your estate. Alternatively, you can include a request in a letter of wishes asking the charity to use the gift in a certain way. This is not legally binding, but it does mean that the charity will still be able to accept the gift even if they are unable to meet your requirements and they will be aware of your wishes.

What happens if your gift to charity is challenged? Is there any way to avoid this happening?

If your gift to charity is challenged by another party, the charity would have a duty to defend it, which may lead to additional legal fees. Therefore, it may be wise to discuss the gift that you wish to make to charity with your family, so they are aware of your intentions. If the gift is substantial and you are choosing  not to include your relatives in your Will, you could also include a side letter explaining your reasons for doing so. If a person then tries to challenge the gift, the side letter is further proof that your intention was to include the gift in your Will, and this would be considered in court if necessary.

Our experienced lawyers will be able to advise you on your particular circumstances and take appropriate action to reduce the risks of any challenges to your Will by ensuring that it is properly drafted. They will  obtain any medical reports that may be required and consider any other potential claims against your estate.

Do gifts to charities outside the UK differ to those located in the UK?

If donating a gift in your Will to charities in the EU, Iceland, Norway or Liechtenstein you can still receive the same Inheritance Tax benefits as you would if donating to a charity located in the UK. Outside these areas, gifts will not receive Inheritance Tax benefits. In addition, donations outside of the UK will not benefit from Gift Aid, which enables the charities to reclaim an extra 25% in tax on each donation made by a UK taxpayer. However, after Brexit this could change. Therefore, it is important to take extra care when including international charities in your Will and one of our experienced solicitors will be able to advise you on this.

How can we help you to leave a gift to charity in your Will?

By speaking one of our solicitors, you will receive expert legal advice tailored to your needs and you can discuss any Inheritance Tax advantages specific to your circumstances. If there are any later challenges against your Will, your solicitor can give evidence of the discussions you have had with them which could help to settle disputes in a timely and cost-effective way.

We can check whether the charity’s branch local to you has its own charity number and, if so, make sure the gift goes to that branch if you wish. We can make sure that the charity’s correct name is used in your Will and can include provision for the charity changing its name, so the gift does not fail. If the charity has preferred wording, we can also make sure this is used, giving you peace of mind that your wishes are in place and will be carried out properly in the event of your death.

If you would like to make a Will or update your current one, please contact us on Llandudno 874774 or Conwy 596596.

Wills and Shared Assets

WILLS AND SHARED ASSETS

This week’s Solicitor Chat on Twitter covered Wills and Shared Assets. Here is a summary of the main points.

 When someone dies with money in a joint bank account who will this money pass to?

 It will generally automatically pass to the surviving joint account holder upon death of one account holder, under the rules of survivorship.

What is the difference between ‘joint tenants’ and ‘tenants in common’ and how does this affect what you can leave in your will?

Joint tenants both jointly own the whole property which passes by survivorship to the survivor. Tenants in common each own their own share, which may be equal or unequal. Their share would form part of their estate and fall under their will.

Is it possible to leave personal items, such as furniture or artwork, to another person in your will if the item is located in your shared property?

The general rule is that you can leave anything that you own in your lifetime in a properly executed Will, but of course you cannot make a gift in your Will of items which do not belong to you. So, your personal items, such as jewellery or clothes, can be left in your Will. However, items such as furniture may have assumed joint ownership so would be left to the surviving owner(s) of the property. It is essential that for items, such as artwork, ownership is made clear beforehand. It's important that you tell your solicitor if there may be any likely disputes. You should give a description of any item you are gifting to avoid any arguments in the family. It is often a good idea to appoint one of your Executors to be the final decision maker to break any deadlock within the family.

When dealing with distributing your belongings, how can a solicitor help to make sure the assets you leave behind go to the right people?

When your solicitor takes your instructions for your Will, they will ask you which assets you own jointly and which you hold in your sole name. The lawyer will then discuss with you which of these items will pass under your Will and which will not. You can then make an informed decision as to who to leave your Estate to. You will be asked to consider who you would like to be Executors and you need to select people who are trustworthy and who you believe will ensure that your wishes are carried out; these can be professional Executors and are often the solicitors who drafted the Will.

Your Executors have a legal obligation to distribute your Estate in accordance with your Will. Solicitors have professional obligations, as well as their Executors duties, so you can be confident your wishes will be carried out in accordance with your instructions

What is a letter of wishes and how can it benefit people with shared assets?

A letter of wishes is separate to your Will and you can outline in it how you would like certain assets to be used and who can benefit from them. It is a non-binding, informal, confidential expression of wish, setting out how you wish for particular assets to be distributed amongst, what is often, a wide class of potential beneficiaries. A Letter of Wishes is not a binding document but does give the family and Executors an indication of your wishes. There are occasions when it is better for this guidance to be provided outside the formal documentation of the Will. Your Will becomes a public document upon grant of Probate so any sensitive issues can be addressed in the letter of wishes without the contents being known publicly. If you have shared assets you can ask (but not compel) the other owner of the assets to consider giving certain items to individuals as lifetime gifts, deeds of variation or for items to be left in their Wills to beneficiaries once they no longer need them.

If you would like to make or update your Will, please contact us on 01492 596596 (Conwy office) or 01492 874774 (Llandudno office).

Relationship Breakdown? How we can help

How we can ease your stress during a relationship breakdown

Our expert team of family lawyers will be there for you throughout your divorce, separation or dissolution and we help to reduce stress by providing expert advice on the legal process, giving guidance on your best options, completing all the paperwork on your behalf, corresponding with the Court and the other parties involved, preparing financial breakdowns and providing you with realistic expectations of the outcome. As no two families or breakups are the same, we will provide bespoke, confidential advice, which is completely designed around you, helping you come to the best conclusion for both you and your family.

Getting to know us and you

A relationship breakdown can often be a distressing time where you may need to disclose sensitive and personal information to us. Your client confidentiality is of utmost importance to us and we will respect your privacy and will not judge you. At JW Hughes & Co our family lawyers have had years of experience of dealing with all sorts of cases and they can provide the expert advice you need. 

Do we provide emotional as well as legal support?

Going through a relationship breakdown can be a very emotionally demanding process and we understand that by acknowledging the difficult time you are going through, but we will remain focused on your future. Whilst we will provide a degree of emotional support, we will also maintain a professional approach allowing us to give objective advice, emphasise positive relationships and allow you time to consider the decisions you are making.

Advice for someone facing a relationship breakdown

If your relationship has broken down, we suggest that you seek legal advice at an early stage. Meeting one of our team will inform you of your options and the next steps by focussing on the issues. If children are involved, we encourage you to put them first and try to reduce the impact the relationship breakdown has on them as much as possible.

The value of legal advice

By receiving bespoke legal advice from us at JW Hughes & Co., you can make informed decisions that will be the best for you and your family both now and in the future. You can make sure any necessary assets are protected and have childcare arrangements put in place to minimise the impact on the children. We will help you to reach the best conclusion in a time and cost-effective manner. When a separation is approached with expert legal advice, you are less likely to run into further problems and disagreements in the future, allowing you to focus on building a future for yourself and your family.

At JW Hughes & Co. we offer a free 30-minute initial appointment so you can meet one of the family team and have an initial chat with them about the issues you are facing. We also have a free legal advice clinic at our Llandudno office every Tuesday from 4pm.

If you would like more information or to book an appointment to see one of our family team contact: Philip Kentish pbk@jwhlaw.co.uk , Joseph Hendron jh@jwhlaw.co.uk, Natalie Grimshaw-Jones ngj@jwhlaw.co.uk and Alaw Pari alaw@jwhughes.co.uk at our Llandudno office on 01492 874774 or Debra Carroll dac@jwhlaw.co.uk at our Conwy office on 01492 596596.

Government scraps planned probate fee increases

The Ministry of Justice has abolished controversial plans to increase probate fees, which would have seen some bereaved families paying up to £6,000 for probate.

What were the proposed probate fee changes?

Earlier this year, the Government revived its 2017 plan for an increase in probate application fees for estates in England and Wales. The proposed changes were set to see fees levied based on the value of an estate, which would have meant that around 56,000 families expected to face bills of between £2,500 and £6,000.

What are the current probate fees?

Currently in the UK, there is a flat fee for probate of £215 for a personal application or £155 for those applying through a solicitor, if the estate is worth £5,000 or more.

Why were probate fees going to increase?

The Government said that the drastic increase in fees would have raised around £185m a year for the Ministry of Justice and was necessary to fund the current comprehensive reform of the courts and tribunal system. However, some charity bodies calculated that moving from a flat fee to a banded system would cost charities around £10m a year.

Why have the new probate fee plans been abolished?

The changes were due to come into force in April this year but were delayed indefinitely as some of the changes still needed to be approved by Parliament. However, following the backlash, Secretary of State for Justice, Robert Buckland, has abandoned the proposed changes to probate fees, claiming the rise was not ‘fair and proportionate’.

What will happen now to probate fees?

It is understood that the existing fee structure of £215 for a personal application or £155 for those applying through a solicitor will be retained while the Ministry of Justice conducts a wider review of court fees.

The legal differences between co-habiting and married couples

Recently, the Law Society’s Solicitor Chat on Twitter was focusing on common law marriage and the difference between the rights of cohabiting couples and married couples. We have summarised the important points below.

What is Common Law marriage?

Is common law marriage a myth? Sadly, yes. People sometimes assume that as they have lived together as man and wife in a long-term relationship that they have legal rights like married couples. However, they may find that, on separation, one partner can be significantly disadvantaged. Although some common law principles will apply to cohabiting couples, they certainty do not enjoy the same rights and protection that are given to married couples. So, there is no common law relationship or common law marital status, a better term would be ‘cohabiting relationship’. Legally, the term ‘spouse’ only applies to people who are married so you cannot be a common law spouse.

What rights do unmarried couples have and how do they differ from married couples?

Unmarried couples do not currently have the same rights as married couples. They are not automatically entitled to any property owned by their partner, nor would they be entitled, for example, to spousal maintenance in the event of a relationship breakdown. You are not automatically entitled to a share of your partner’s property. There is no legal obligation for cohabiting couples to support each other financially, whereas married partners do have a legal duty to support each other.

However, child maintenance is still available as it is intended for the benefit of the child or children of the couple.  However long you have lived with your partner does not guarantee you a share of your former partner’s property or family home but even if you are not the legal owner, you may be able to convince a court to give you a share if you can prove that you contributed financially towards the family home and agreed that you should have a financial interest in it and relied upon that to your detriment.

Can I be responsible for my partner’s debts?

No, you can only be responsible for your debts if you have signed a contract. If you did not sign, then you are not liable.

Can you claim pension benefits as a cohabiting partner?

You may be eligible for dependent’s or survivor’s benefits of your partner’s pension.

What should unmarried parents be aware of?

Although unmarried mothers automatically acquire parental responsibility for a child, unmarried fathers do not acquire parental responsibility for a child unless that father is named as the child’s father on the child’s birth certificate, by virtue of a court order or by virtue of an official agreement between the parties. Couples should be aware that a father who is not named on a child’s birth certificate will not have parental responsibility for the child. It is important that unmarried fathers consider seeking parental responsibility.

What is a co-habitation agreement and how can it help unmarried couples?

A cohabitation agreement is a written document, drawn up between a couple who have agreed to live together. It can set out what they have agreed regarding one another’s rights and responsibilities in relation to the property where they live or intend to live together. It can also detail the financial arrangements between them during the time they live together and what the financial arrangements will be if they were to separate.

A cohabitation agreement can make all the difference should an unmarried couple separate as it would set out who owns what and in what proportion (and how it would be divided in the event of a separation).

Are there any other measures cohabiting couples can put in place to protect themselves if they split up or one of them dies?

It is always important to have a Will and a Power of Attorney in place in relation to both financial affairs. These should be reviewed regularly and particularly considering any changes in relationship status or personal circumstances. Independent financial advice is also recommended when looking at life insurance and critical illness.

For property, a declaration of trust is recommended to set out the ownership both legally and beneficially. Cohabiting couples also have no automatic right of inheritance should their partner die, so a will is very important to have in place.

If you would like to find out more or need help with a relationship breakdown, please contact our family lawyers on Llandudno 874774 or Conwy 596596

What to do when someone dies

The death of a loved one is is something we may all have to face at some time but, often, we do not know much about what to do as far as the legal process is concerned. So, we have put together a short guide to help you with the process.

What is Probate?

Probate is the legal process for dealing with the estate of someone who has died. If the deceased person left a will, they may have specified an executor or executors. These are expected to “execute” the will. An executor has the responsibility to carry out the person’s wishes, as written down in their will. In many cases the family and/or friends of the person will be the executor/s of the will. However, people may also appoint professional executors, such as a solicitor or will writer. If there is no executor named in the will, or if there is no will, someone must become the administrator of the estate.

What to do if there is no Will

Research has shown that nearly half of Britons over 55 do not have a will, so it is quite possible that the deceased died without one, leaving them intestate. The intestacy rules are the principles laid down by law which stipulate how the estate is to be administered if there is no will. First, an application must be made to the Probate Registry for a Grant of Letters of Administration. This document gives the person named the authority to administer the deceased person’s estate. This person is known as an administrator.

The rules of intestacy follow a hierarchy of who should benefit from the estate. This order is spouse or civil partner, children/grandchildren, parents, brothers and sisters, grandparents, uncles and aunts. All this may not be what the deceased person wished, which is why we would highly advise you to make a will (contact our offices to do so).

How do you start the process of Probate?

You will need to obtain a Grant of Representation. This is a document obtained from the court to prove the legal authority of the person entrusted to deal with a deceased person's estate. The kind of grant that you need to obtain will also depend on your circumstances, as mentioned above. If you are a named executor in the Will you will require a Grant of Probate, if you are the administrator with no Will  you will require Letters of Administration and if  you are the administrator of a Will and the Will is present you will require  Letters of Administration. To simplify the process and to receive expert help, please contact our solicitors to act on your behalf to do this.

How long does the process take?

The length of time this process takes is dependent on how complex the deceased’s estate is. For example, if there are multiple houses, bank accounts, assets which were not known to the executor it could take a long time. On average, if the Will is not contested, the whole process can take anywhere between 6-12 months, but it can be much quicker if the estate is simple. A way of minimising delays is to ask a qualified solicitor to make the application on your behalf. This will help to ensure that the Probate application is correctly completed and we would encourage you to contact us today to help you.

How we can help

At JW Hughes & Co. Solicitors we have a team of dedicated solicitors who are ready to help you resolve your query or issue relating to this area of the law as quickly and effectively as possible. If you need assistance with obtaining a grant of probate or letter of administration, or simply want advice on dealing with the Probate Registry, our solicitors have a wealth of experience. They can help you through what can be a difficult time, dealing with estate and trust property and complex estates. Please contact Nick Passey or Rhys Lewis in Conwy on 01492 596596 or Phil Kentish in Llandudno on 01492 874774.

Living with Dementia and Planning Future Care

Living with Dementia and Planning Future Care

Last week as part of Dementia Awareness week 2019 our Rhys Lewis took part in the Law Society’s Solicitor Chat on Twitter about living with dementia and planning future care.  His replies to the questions are summarised below.

How can a solicitor help someone living with dementia plan for their future?

Appropriate legal advice is important for people and families who are living with dementia. Things can be put in place at an early stage to ensure peace of mind for a person who is suffering with dementia and their relatives. This can be by way of updating their Will and entering into a Lasting Power of Attorney (if they capacity to do so) or, alternatively, making an application to the Court of Protection to appoint a Deputy. If residential care home fees are a consideration for the person with dementia, then a solicitor can provide advice in this respect. 

What are Lasting Powers of Attorney and what do they cover?

They are documents that enable a ‘donor’ to appoint an ‘attorney’ or ‘attorneys’ to make decisions on their behalf. There are two different types of LPA: one for financial decisions (which includes buying or selling property, paying bills, investing money etc) and one for health decisions (which includes decisions about medical care, where the donor should live, what activities the donor should take part in and even things as simple as what the donor should eat).

They can only be entered into if the donor has the mental capacity to do so but once they are registered with the Office of the Public Guardian, they will remain valid until the donor dies or cancels it.  

Even if a person is not suffering with any form of mental condition, a Lasting Power of Attorney can be created at an early course and kept in storage just in case it is ever required. This ensures that you have someone you trust implicitly managing your affairs should you not be able to.

What is a deputy and how can you become one?

A deputy is appointed by the Court of Protection to manage the affairs of someone who lacks mental capacity. This would be appropriate way forward if a person has already lost mental capacity and cannot create a Lasting Power of Attorney. To become a deputy, you must apply to the Court of Protection by completing several application forms and paying the appropriate fee(s).  A Solicitor can assist with completing the application forms. 

What is an advance statement and how can it help someone living with dementia?

When a person lacks mental capacity and there is no Lasting Power of Attorney or Court appointed Deputy in place, then decisions about a person’s care or wellbeing are taken by a professional such as a Doctor. In these circumstances an Advance Statement helps to ensure that a person’s wishes in respect of their care are considered when these decisions are made. It is not a legally binding document but in practice it must be considered by professionals if they are deciding what is in a person’s best interests.

What advice would you give to someone living with dementia when it comes to planning for the future?

Take appropriate legal advice at an early course. If a person has any significant assets (property, pension, savings etc) the quicker things are put in place for the future the better. If a person has any specific wishes in terms of care either just by personal choice or by way of religious values or beliefs, a Solicitor can assist to ensure that these wishes are protected.

If you would like to make a Will or a Lasting Power of Attorney, please contact Rhys Lewis or Nick Passey in our Conwy office on 596596, or Phil Kentish in our Llandudno office on 874774.

The Importance of Making a Will for New Parents

Welcoming a new member of the family is an exciting and busy time for any new parent and updating your will may seem like the last priority on the list. But it is important that new parents think about updating or making a will because doing so will protect the interests of your new arrival.

Why make a Will?

When you have a child it is important to update or make a will because a will ensures that you’re providing for your family. In your will, you can say at what age you want your children to inherit your estate. If the worst were to happen to you as parents, a will ensures that your family would be looked after by a guardian of your choice, and also that your estate is protected until such time as your children are of an age where they will use the monies appropriately. A legal guardian is an adult who is designated to care for a child in case both parents should die before that child reaches adulthood. The key thing for most parents is ensuring their children are looked after by the right people when they die. Appointing guardians in your Will is the best way for you to ensure that.

What if you die without a will?

If you don't make a Will then the Intestacy Rules will determine what happens to your personal possessions, money and all other assets held in your sole name. The only way to ensure that the people and/or charities you want to inherit your estate do so is to make a Will. The intestacy rules are statutory rules which dictate where your estate is distributed if you not have a Will when you pass away; these rules list which members of your family would be entitled to your estate and may not accurately represent what you wanted.

What are the key things to think about?

New parents need to consider who they will appoint as guardians if both parents die. They need to ensure each makes provision for the surviving spouse if one of them dies and provision for their children on attaining a certain age if they both die.

How can a solicitor help new parents to protect your children’s future?

Using the right solicitor can save a lot of stress for those you leave behind, as well as giving you a bit more peace of mind. At JW Hughes & Co., we have a team of experienced solicitors to help you. We will explain your options to help you make decisions that will help protect your children’s future. In addition, we can discuss the role of trustees and how the funds are held if a child is under the age of 18 at the date of death. We can provide guidance on the most suitable age the children should inherit and whether a trust would be suitable. We will be able to provide advice on the appointment of guardians and can suggest the preparation of a letter of wishes addressed to the guardians covering more personal aspects of the child’s care.

Tips for new parents who are making a will for the first time

Make sure you consider financial provision and the security for your partner, spouse or civil partner and your children in the event of one or both deaths by having a Will and life insurance. When considering the suitability of guardians, consider how old your parents are; how close you are to your siblings in outlook and lifestyle; and might close friends with a similar outlook and lifestyle be better?
Write a memorandum to your guardians and executors as to how you would like your children to be brought up and how money can be used to benefit your guardians.  This can include schooling, when they should receive funds in later life before attaining a specific age and whether funds can be used to buy a bigger house for your guardians to occupy.

For more information and to make a new Will or to update your current one, contact us on Conwy 596596 or Llandudno 874774.

Tips for First Time Buyers

Tips for First Time Buyers

Are you looking to buy your first home? JW Hughes has an experienced team of conveyancers who can help guide you through the process. Here are a few tips if to help you if you are a first time buyer.

It is a great time to be a first time buyer! If you are purchasing a property up to the value of £180,000 in Wales, you will have no Land Transaction Tax to pay (which is the old Stamp Duty Land Tax). If you are purchasing your first property in England up to the value of £300,000 you will have no Stamp Duty Land Tax to pay.

In Wales the government has various schemes to help you buy your first home through their home ownership schemes, which provide financial assistance to help people in Wales own their own homes. Each scheme is aimed at people in different situations. For more information look at their website: https://beta.gov.wales/help-buy-wales.

Also, if you are saving to buy your first home you can save money into a Help to Buy ISA and the Government will boost your savings by 25%. So, for every £200 you save you will receive a government bonus of £50. The maximum bonus is £3000. For more information see https://www.helptobuy.gov.uk/help-to-buy-isa/how-does-it-work/.

When looking for a property, make sure it is affordable – remember bills may have to be paid on top of the purchase price, especially if there is a leasehold service charge and ground rent. Aim for best area you can afford and that it is in an environment you would like to live in. Make sure you do your homework on the property so that you can budget properly. Speak to the neighbours and visit the property at different times of day so you can see it from every aspect. Make sure you know what you are buying. Ask questions! It’s good to know why the seller is selling, how long the house has been on the market, etc., as this can bring up other considerations that wouldn’t be found through the searches. Find out as much about the property as you can. Has any structural work been done to the property? Also think about what information you want about the property - for example, what is the route of the drainage system?

Prepare your finances and know your budget and be prepared for costs other than the deposit, such as legal fees and mortgage fees (though these can often be added to the mortgage). Shop around early for home insurance so you’re ready to go when the time comes. Make sure you understand what finances your solicitor will need. If you have a Help to Buy ISA, make sure you understand your bank's processes for closing down the account in readiness.

Be prepared! If you need a mortgage, get the mortgage offer in principle as soon as you can. Have your agreed deposit ready, and if this is coming from elsewhere then make sure all parties are aware of that. Use estate agents rather than trying to go it alone, a good estate agent will often act as a go-between. Remember to fill in all forms promptly & accurately.

Once you have decided to buy make the seller an offer through your estate agents. They will guide you as to the price to offer. When making an offer never immediately propose the full asking price, start from below the asking price and negotiate to get the best deal for you. Make sure you budget for all expenditure and have a contingency for unexpected issues that may arise.

Once the offer is accepted you will need to choose a good conveyancer to help with the transaction.  Engage a solicitor from the beginning that gives you a good, clear explanation of the process. Here at JW Hughes we have a team of very experienced conveyancing lawyers who will guide you through the whole transaction and keep you up to date with the process. Throughout the process it’s important to respond to your solicitor as quickly as possible, for example if they need your views on something, or to resolve any other issues that come up in the process.

Get your survey organised early, so that any issues can be resolved to avoid any delays and negotiate with the estate agents if there are any adverse results; if you need to have work done on the property, get quotes from specialised contractors. You may be able to further negotiate on the price.

If you are in rented accommodation, don’t quit your rental until exchange of contracts; consider completion dates based on when first mortgage repayment is due and when your rental will expire to save on costs.

Until you exchange contracts, neither side has any legal obligation to buy or sell the property, and both can pull out without any penalty (or only the deposit on agreeing offers, if one was made). Both buyer and seller sign identical contracts, but only when they are formally exchanged by the solicitors does the deal become legally binding. Between exchanging contracts and completion, either side will almost certainly pay major penalties if they pull out. You usually exchange contracts between 7 and 28 days before completion – although you can exchange contracts on the day of completion. Because exchanging contracts means you are legally committed to buying the property, you have to make sure you have everything in place before hand, so that nothing can go wrong. You should only exchange contracts after:

You have agreed on an offer, including for fixtures and fittings
You have had the mortgage valuation and any surveys you want
You have been formally offered a mortgage in writing
You have arranged funding for the mortgage deposit
Your solicitor has done all relevant searches
You have organised building insurance. After you exchange contracts, you are liable for the property, and so you need to have buildings insurance in place before hand
You have sorted out funding for the contract deposit (traditionally 10% of the purchase price, but nowadays often less)
You have agreed on a date of completion for the sale, which will be written into the contract
You have read, understood and signed the contract

After contracts have been exchanged both sides of the transaction are legally committed to the terms of the contract, which in basic terms usually means the buyer must pay the purchase price by an agreed date and the seller must hand over the keys to the property and vacate by a certain date. A deposit is usually paid by the buyer’s solicitor to the seller’s solicitor at this time but, critically, the purchase price has still to be paid and so whilst the transaction is agreed and legally binding, it has yet to happen.

The date that the contract requires the transaction to be completed is the day upon which the remaining money is paid over to the buyer’s solicitor and the seller vacates the property and hands over the keys. This is usually moving day and is known as the date of ‘completion’. The solicitor’s will arrange the date and you can make plans accordingly.

On completion you will be given the keys to your new home. You can now move in and enjoy it!

If you are a first time buyer we would be very pleased to help you and for all your conveyancing needs, please contact our expert team:

Nick Passey np@jwhlaw.co.uk 01492 596596

Kim Wilkinson kw@jwhlaw.co.uk 01492 874774

Rhys Lewis rl@jwhlaw.co.uk 01492 596596

Preparing for the Future

Many people forget to plan for their future to ensure that their loved ones are properly taken care of but it is very important and seeing a solicitor can help you to clarify all the details. Making time to think about your wishes will help those you love in the event of any major illness or even your death.  To put yourself and your loved ones in the best possible position it is useful to take some of the following steps to prepare for the future:

Make a Will 

A Will is a legal document which takes effect when you die and sets out what should happen on your death. In the Will you can decide what happens to your estate including who you wish to receive any property, money or personal items, such as family jewellery.

You can appoint executors as your legal representatives who will be responsible for carrying out the terms of your will. Guardians and trustees can also be appointed to take care of your minor children. Provisions can also be included to cover the care of your pets. In your Will you can also set out your wishes for your funeral arrangements. 

If you have already made a Will, sometimes it is necessary to review it and update it as circumstances can change. See your solicitor for his/her advice regarding any updates.

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA)  is a legal document in which you appoint agents to deal with certain matters if you become unable to make decisions for yourself. An LPA for finance covers your bank accounts, house, pensions and bills and allows your attorneys to make decisions on your behalf. An LPA for health and welfare enables your attorneys to decide whether you should be cared for in your own home or move to a nursing home and to have a say in what medical treatment you receive.

At JW Hughes & Co. Solicitors, we have a specialist team of lawyers who advise clients in relation to wills, planning for and dealing with issues of incapacity, and the administration of estates. For more information, please ring Nick Passey or Rhys Lewis in Conwy on 01492 596596 or Phil Kentish in Llandudno on 01492 874774.

Buying a House? The key essentials

Buying a house

So you've found your dream home? Buying a new home is an exciting time but it can be confusing, especially if you're a first-time buyer. Conveyancing describes the legal transfer of property (from seller to buyer). How long it takes depends on several things, such as how many buyers and sellers are involved in the process. It usually takes a few weeks but if it is more complicated it may take some months to complete.

Our experienced conveyancers can help you buy your home by explaining the steps involved and helping you to resolve any legal issues that may arise and explain how the whole house buying process works. They will help you identify what you need to do and provide expert advice at every stage.

We will carry out various investigations and searches for you and your mortgage lender to make sure you know as much as possible about the property before you buy. If there is anything out of the ordinary they will advise you as to what actions to take. We will make all the necessary investigations and help to resolve any property-related legal problems before ‘exchanging contracts’.  This involves arranging for you to enter into a binding contract for the purchase between you and the seller. They will arrange a date that you agree for the purchase to be completed.

We will take all steps to complete your purchase including transferring the funds. This is when you will get the keys to your new home. They will help you prepare the tax return and make arrangements to pay the Stamp Duty Land Tax to HMRC. They will also register your name as owner and your mortgage provider as lender with the Land Registry.

Why do I need a solicitor for buying a home?

There are a number of legal problems that can occur when buying a property so it's risky to buy a home without help from an experienced and skilled conveyancing solicitor. We are required to act in your best interests and give you good quality service, so don’t be afraid to ask us questions. It can be a complicated and time-consuming process and there are a number of legal documents that need to be completed. Mortgage lenders often ask for a conveyancing professional to carry out the process. It's not worth taking any risks when buying a home as it can be the most expensive purchase in your life. We are a member of the Law Society's Conveyancing Quality Scheme means that we meet the high standards set by the Law Society for conveyancing services. You will be using a legal conveyancing professional who is regulated and insured.

How much will it cost?

Fees will vary and usually depend on the type of home you are buying. You can get the best price that is relevant to your needs from us by phone, email, in person or via our website (please see the conveyancing calculator on the buying/selling property page). There will also be other charges you will need to pay such as, stamp duty and search fees.

What are searches and surveys?

Carrying out searches will provide details about issues that could affect your new home including legal disputes, flooding, planning constraints and permissions. We will make these searches for you. A survey will be carried out by a specialist surveyor and will highlight any problems with your new home (for example, structural issues, damp). If there are any problems you may want to reduce the price that you are willing to pay for the property. We will help to resolve any property-related legal problems that are revealed by searches and surveys before 'exchange of contracts'.

What is exchange of contracts?

Exchange of contracts confirms your agreement to buy and the seller's agreement to sell the property. You and the seller can change your minds about buying or selling the property before contracts are exchanged. However, once contracts have been exchanged, they become legally binding and there may be significant financial penalties if you or the seller pull out of the sale. We and the seller's solicitor will exchange contracts signed by you and the seller. We will also work with you and the seller's solicitor to agree a date for completion.

What does completion mean?

Completion takes place when the purchase money is transferred to the seller and other fees are paid. Once all the necessary searches and investigations have been made, your solicitor will tell your mortgage lender the results and the lender will let them have the mortgage funds.

We will also transfer the money to the seller and pay other fees on your behalf. We will help you to prepare the tax return and make arrangements to pay the Stamp Duty Land Tax to the HMRC. We will also register your name as the owner, and your mortgage lender as the lender, at the Land Registry.

This means that completion of the purchase can take place and you can get the keys. It's now time to move into your new home and to celebrate!

JW Hughes & Co. Conveyancing Department

Nick Passey np@jwhlaw.co.uk 01492 596596

Kim Wilkinson kw@jwhlaw.co.uk 01492 874774

Rhys Lewis rl@jwhlaw.co.uk 01492 596596

Lasting Power of Attorney and refunds

A power of attorney is a legal document that allows you to choose two attorneys who would assist you if you ever lose your mental capacity.

There are two different powers of attorney to choose from:

Health and Welfare – This allows your attorneys to make decisions regarding your day to day care, if you need to move to a residential home and life sustaining operations.

Financial and Property – This allows your attorneys to sign cheques on your behalf, deal with your finances and choose what to do with your property.

There are strict rules attorneys have to follow and they will not be able to do anything they wish. You can also choose to include specific instructions on the power of attorney to make your wishes and feelings clear from the outset.

It is important to anticipate making a power of attorney at any age. Circumstances can unexpectedly change at any time; for example, if you were to receive life-changing injuries, which affected your whole life. Knowing that you have got that provision in place will give you and your family peace of mind during the stressful change.

If you are interested in making a Power of Attorney, please make an appointment to see one of our solicitors who will be happy to discuss the matter with you further.

Refund

If you have made a lasting or enduring power of attorney between 1 April 2013 and 31 March 2017 you may have been charged more than was necessary.

The Office of Public Guardian (OPG) reduced the Power of Attorney application fee from 1 April 2017. They have launched a refund scheme for those who paid too much between April 2013 and March 2017. If you believe you have been affected, you have until 31 January 2021 to make a claim.

For more details and information about how to claim a refund, please follow the link: https://www.gov.uk/power-of-attorney-refund.

Written by Alaw Pari JW Hughes & Co. LLP

Making a Will

Your will tells everyone what should happen to your money, possessions and property after you die; all these things together are called your Estate.

Statistics suggest that almost two thirds of the UK adult population have no Will, despite the fact that more than three quarters of adults plan on leaving money to their loved ones. Without a Will, your assets will pass in accordance with the rules of intestacy – complex rules that dictate which family members can inherit.  Even though there have been some recent changes to these rules; alarmingly, if you are not married to your partner, they will not automatically inherit any of your assets. A relative could inherit your assets instead.

To ensure that your assets go to the people you wish, you are advised to make a Will because it will make it much easier for your family or friends to sort everything out when you die – without a Will the process can be more time consuming and stressful. Writing a Will is especially important if you have children or other family who depend on you financially, or if you want to leave something to people outside your immediate family.

Making a Will also gives you the opportunity to make provision for who should look after your children and pets, state your funeral wishes and make individual specific gifts to friends and charities.  It also gives you the opportunity to ensure that your estate is looked after by those you trust, by specifying an Executor.

If your family is small and you want to leave everything to them, making your will is fairly straightforward. If your situation is more complicated – for example, if you have a second family or you want to leave money and gifts to lots of people – you’ll need to plan more carefully.

It is vital to ensure that your Will is as watertight as possible and that it is legally valid.  Therefore, we suggest you come and talk to one of our experienced solicitors who will draft your Will in accordance with your wishes. Contact us today on 01492 596596 (Conwy) or 01492 874774 (Llandudno).

Contemplating Divorce? The Key Essentials

Contemplating ending your marriage or civil partnership can be daunting to say the least and is for many utterly terrifying. This dispiriting prospect has led many individuals to remain in unhappy, loveless and sometimes violent marriages for many years, and for some indefinitely. Over the years practising as a divorce lawyer, it has become apparent that there are many concerns people have when contemplating divorce. For example,  how will it affect the children? Where will we live? Who will get the children? How will I cope financially? Our finances are too complex, how can we sort it out? Will l have to give away all of my hard earned assets? to name a few.

All of the above are perfectly reasonable questions one should ask when making such a life changing decision. There are a lot of misconceptions about divorce with regards to how the law is applied. It is for this reason that it is vitally important to get proper legal advice from the outset. I strongly believe that the right advice at an early stage is crucial to minimising the emotional and costly impact. Ultimately, the key principle enshrined in Matrimonial law is fairness, with primary consideration being given to the welfare of any children of the family.

The opening question I ask my clients, of which I can’t provide any legal advice on is simply this: is the marriage over?

Is the marriage over? If the answer to this question is a definitive yes, then I explain that in reality they have two options: remain in an unhappy marriage (either separated or together) or proceed with formally dissolving it either by divorce or judicial separation. If the answer to the question is 'no' or ‘I’m not quite sure’ and the client intimates that there is prospect of reconciliation then, in those circumstances, I would advise the client to give their position further consideration before initiating the process of dissolving the marriage. I would highlight (which is not legal advice) that their decision should be based on what they want, i.e., there is real prospect of happy reconciliation rather than an individual reaching a decision to remain married for fear of the repercussions as a result of a divorce.

The grounds for divorce The answer to the above question will ultimately determine whether the threshold for getting divorced has been passed. In the England and Wales there is only one ground for getting divorced, and that is whether the marriage has irretrievably broken down. The person who starts proceedings is known as the petitioner and must prove that the marriage has irretrievably broken down by establishing one of the following facts;

I. Adultery
II. Unreasonable behaviour
III. Desertion
IV. 2 years separation with consent
V. Five years separation (no consent required)

The other party is known as the respondent. The vast bulk of divorces are petitioned based on the ‘fact’ of ‘unreasonable behaviour’. This is the law as it currently stands. However, I suspect in the not so distant future the law will change to allow non fault divorces without waiting 2 years or divorcing based on adultery. In reality, most courts and sensible solicitors adopt a pragmatic approach to ‘unreasonable behaviour’ in keeping the particulars of the unreasonable behaviour as non-inflammatory as possible. Ultimately, people should not be dissuaded from divorcing or waiting 2 years just to keep relations amicable. Sensible solicitors will explain to their clients (when acting for a respondent) that ‘unreasonable behaviour’ has to be cited as the other ‘facts’ are simply non-applicable and should not be perceived as hostile. Solicitors acting on behalf of a respondent can agree to particulars of the ‘unreasonable behaviour’ with the solicitors acting for the petitioner, again, with a view to keeping the relations as amicable as possible.

Children/Finance I advise my clients not to get carried away in disputing the main suit divorce proceedings as outlined above, particularly if the marriage has indeed come to a conclusion. The key focus from the outset should be trying to sort out the substantive matters, i.e., the arrangements for the child/children and reaching an agreement on the financial aspects. On the issue of child arrangements, if the parties are unable to reach an agreement between themselves, it is open to either party to make an application to the court for a Child Arrangements Order. The court determines such applications based on the ‘welfare principle’, i.e., the child/children’s’ interests are paramount. The initial stages of this process are most conciliatory with a strong encouragement for the parties to ultimately reach an agreement. Any such agreement can then be drawn up as a court order. In the absence of agreement, then the matter gets listed for a contested/final hearing at which point the decision will be up to a judge or magistrates and the key question for the court will be ultimately what is/are in the children’s best interests.

Turning now to financial matters, in order to assess the finances there is a disclosure requirement, i.e., the parties must disclose to each other details of their finances by completing financial statements (Form E’s), which are then simultaneously exchanged. At that stage, one can determine the extent of the matrimonial pot and thereafter try to reach a sensible and fair solution. It is very much advisable to have any agreement drawn up as a court order and lodged with the court to avoid any problems further down the line. In the absence of agreement, it is open to either party to make an application to the court for financial remedy proceedings.

Section 25 Factors In considering matrimonial finances, the court will be guided by Section 25 of the Matrimonial Causes Act 1973. First consideration for the court will be given to the welfare of any child of the family who has not attained the age of 18. Furthermore, the court will consider the following:

a) The income, earning capacity, property and other financial resources which each of the parties in the marriage has, or is likely to have, in the foreseeable future, including in the case of earning capacity, any increases in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire.
b) The financial needs, obligations and responsibilities which each of the parties to the marriage has, or is likely to have, in the foreseeable future.
c) The standard of living enjoyed by the family before the breakdown of the marriage.
d) The age of each party to the marriage and the duration of the marriage.
e) Any physical or mental disability of either of the parties to the marriage.
f) The contributions which each of the parties has made, or is likely in the foreseeable future to make, to the welfare of the family, including any contribution by looking after the home or caring for the family.
g) The conduct of each of the parties, if that conduct is such that it would, in the opinion of the court, be inequitable to disregard.

Family law has evolved over the course of recent years, and although in some circumstances it is necessary to litigate, proactive family lawyers will try and look for sensible ways of settling cases, if possible outside of the court arena. As alluded to above, it is most important that parties contemplating divorce obtain the right advice from the outset to avoid greater difficulties further down the line. 

 Joseph Hendron - Partner at J W Hughes & Co LLP

Contact: Joseph Hendron 01492 874774