Pensions are long term investments that can accumulate significant value and should not be overlooked during divorce proceedings. Instead, one should look at a pension holding just as they would any other asset, such as a house. Failure to adequately consider an ex-spouse’s pension may result in a loss of a future income and significantly impair future living standards. It is important to note that there is no set rule on how your assets, income and pensions are divided between parties in a divorce as each divorce settlement is unique. Which pensions are relevant? All pensions can and should b ..read more

In most cases you will need a Consent Order when getting a divorce. These claims would include capital, lump sums, maintenance, and pension claims. It is therefore not only the marriage that would need to come to an end, but also the financial claims against one another. Firstly, it is important to understand what a Financial Consent Order is. A Consent Order is a legally binding document which stipulates the agreement that you have reached with your former partner in relation to the financial aspects of your divorce. A Consent Order is usually divided into two main parts. The first is the pre ..read more

What is a Will? A Will is a document which allows you to decide what happens to your property, possessions and money (usually referred to as your estate) and who will look after your minor children after your death. Creating a Will gives you peace of mind, ensures that your estate can be administered much more easily by your executors and alleviates stress for your loved ones. What happens if you die without a Will? The Solicitors for the Elderly (SFE) run an awareness campaign each year which highlights the importance of having an up to date Will to ensure your wishes are carried out when you ..read more

Congratulations! Your offer has been accepted and it’s time to carry out the conveyancing process. As part of the process your conveyancing team will conduct various searches and raise any necessary enquiries before agreeing an exchange of contracts. Property searches are essential and will show you if there are any issues in or around the property that you should be aware of before you take ownership of your new home. Property searches are also required by your mortgages lender. As they will want to ensure that there’s nothing that could affect the property’s value before they offer you a mor ..read more

What is Probate? Obtaining probate can be a lengthy process. Probate is a term which is used to cover the estate administration process, and it has a reputation for being a drawn-out process. The administration includes several key stages, including obtaining the grant of probate, paying out to beneficiaries, and finalising the estate. Complications and delays can arise in each of these stages, which means the probate process can prove to be a lengthier process than many executors anticipate. When obtaining probate, the speed at which other parties respond is out of an executor’s control, but ..read more

What is a Contract Dispute? Contract disputes occur when one or both parties to an agreement disagree about the terms and conditions. A contract is only valid when both parties fully understand the agreement and are willing to accept its terms. If the agreement is not mutual, it may be challenged in court. What is a Contract Breach? Contract disputes usually occur when a party breaches the contract, which means they do not do what they have promised to do in the agreement. A breach may occur not only when the terms of the contract are not performed at all, but also when they are not done in ac ..read more

1. What is Japanese Knotweed? Japanese knotweed is a plant that can cause significant issues for buildings and damage to properties. The plant has roots that can grow down as far as 10 feet. These roots are invasive and can cause issues to property such as structural damage to buildings. You can also be liable for damage caused by them to your neighbouring buildings. Due to these problems, having Japanese knotweed on the premises can have an impact on the property value. It also means that the mortgage lender may find the property too much of a risk to lend on. 2. Recent judgment on the case o ..read more

What is equity release? Equity release refers to a range of products letting you access the equity (cash) tied up in your home if you are older. You can take the money you release as a lump sum or, in several smaller amounts or as a combination of both. Who qualifies for equity release?  You may be eligible for equity release in the form of a lifetime mortgage if:  You’re a homeowner over the age of 55 – and if you’re borrowing jointly you both need to be over 55. Your home is worth at least £70,000. Your home is in reasonable condition. The home you want to release equity from is y ..read more

Shared ownership Shared ownership in the simplest form is part owning a home (leaseholder) with your housing association (landlord) and paying them rent for the share you do not own. Shared ownership gives first time buyers and those that do not currently own a home an opportunity to purchase a share in a new build or resale property. The purchaser pays a mortgage on the share which they own and pays rent to a housing association on the remaining share. As the purchaser only needs a mortgage for the share they are purchasing, the amount of money required for a deposit is usually a lot lower th ..read more

The Children Act 1989 defines ‘parental responsibility’ as being “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his [or her] property”. In truth, this is not the most practically helpful of definitions. That said, in my experience ‘parental responsibility’ is something that every parent seems to have his/her own subtly unique understanding of. Certainly, very few clients ever ask me to explain exactly what it means. They often want to know whether they have it, or whether their ex-partner has it, or whether they ..read more