Knowledge Hub

We offer legal advice on a down-to-earth basis. We have combined over 30 years’ experience and were one of the firms chosen to pilot the new online divorce portal so understand how that works. We also offer fixed fees, payment plans and face to face meetings not remote meetings in most cases.

No, it doesn’t. It simply means you are divorced (and used to be called the Decree Absolute).
Financial claims remain live between you even after a divorce has been finalised.

No fault divorce was introduced in April 2022. It means that the only ground for divorce is now ‘irretrievable breakdown’, marking a move away from the previous system of having to rely on one of five ‘facts’ to prove the marriage had broken down irretrievably, for example adultery, unreasonable behaviour, desertion.

The departure from fault-based divorce aims to make the divorce process less acrimonious and harmful to families.

However, the law relating to finances and child arrangements remains unchanged and, while applying for divorce may be simpler, couples still need to get advice from a divorce lawyer when making arrangements relating to financial and children matters to ensure agreements that are entered into are legally binding.

For advice on this or any family law matter, please don’t hesitate to contact our 5-star family law.

The length of time a divorce takes depends on whether the divorce application is disputed.

Most divorce applications are undisputed as the only grounds for disputing a divorce are that the parties are not actually married, are already divorced  or the court does not have jurisdiction.

On average, an undisputed divorce would normally take around seven to eight months as there is a 20 week contemplation period between the issue of the application and being able to apply for the conditional order, and a six week gap between the conditional order and the final order (which means you are divorced).

You can agree child arrangements between you and your ex-partner mutually. However, if this is not possible you will need to attempt mediation (unless domestic violence is a factor or there are issues relating to the safety of the child). In the event of a disagreement, you may need the assistance of the family court and to formalise things via a child arrangements order. We can advice on this and obtaining an exemption from mediation (called a MIAMS).

If a couple separate, the couple needs to consider what is in their child’s best interest. If parents cannot resolve these matters amicably or via mediation, they can apply to the court for a Child Arrangements Order.

There is now a new

This will resolve who the child lives with and when the child spends time with the other parent. There are other types of applications that may need to be made regarding issues such as education, medical treatment and removal of a child from the jurisdiction. The court will consider a number of factors to determine whether an order is appropriate in the child’s best interest.

A divorce financial settlement calculation will be based on several factors, the first of which is the needs of any children involved.

Alongside that, factors such as income, age, property, assets, financial need and standard of living will all be taken into account. These are set out under a list of factors called the Section 25 factors.

The starting point on Divorce is that a couple’s assets are split equally. The court will then consider other factors under the Matrimonial Causes Act 1973 (Section 25 factors) which may lead to a deviation from a 50/50 split if it is fair and reasonable to do so.

In circumstances in which one spouse has made a ‘special contribution’ to the creation of the matrimonial wealth, a departure from the sharing principle may be justified. It is notoriously difficult to succeed on an argument for special contribution and there have only been a handful of reported cases of such claims being successful over the past 17 years.

Wealthy individuals should consider entering into a pre-nuptial or post-nuptial agreement to protect their wealth and preserve their assets in the event of marriage breakdown.

The court fee for submitting an application to dissolve a civil partnership is £612. Your legal fees will be additional to this and Beeston Shenton Legal charge a fixed fee of £500 plus VAT. The costs of resolving any issues over children or finances will depend on the complexity of your case and your dissolution specialist solicitor will explain how much this could be based on your circumstances.

Child maintenance helps to pay for your child’s living costs when you have separated from the other parent. It is payable until your child reaches the age of 16 or 20 if they are still in full-time education.

We can advise and assist on applications to the Child maintenance service or on calculating the amount that is payable.

It is advisable to ensure financial arrangements and child arrangements are properly agreed and formalised. To do this you will need the help of an experienced family lawyer.

The courts have held in a number of recent cases that pre-nuptial agreements can be binding on the parties to them. This is providing they have been properly drawn up by a qualified solicitor and both parties have been independently advised and provided their financial information (disclosure).

They are certainly worth considering if you own a business, property or have inherited family wealth and should be viewed as an insurance policy, protecting your assets if the unexpected happens and your relationship breaks down.

A Will is a legal document that sets out how you want your assets to be distributed after your death. Without a Will, your estate will be divided according to the intestacy rules, which may not reflect your wishes.

You should review your Will every five years or after major life events (e.g., marriage, divorce, having children, or buying property). If your circumstances or wishes change, update your Will to reflect that.

Following your initial consultation, we would ordinarily aim to have a draft will prepared for you to review within the next 7 days. Once you have reviewed the draft will, you will then need to make a further appointment to sign which can ordinarily be arranged for the next working week.

An LPA is a legal document that lets you appoint someone you trust (an “attorney”) to make decisions on your behalf if you lose mental capacity or need support to manage your financial affairs. There are two types: one for Property and Financial Affairs, and one for Health and Welfare.

Property and Financial Affairs LPA: Covers decisions about money, bills, bank accounts, property, etc. Can be used by the attorneys whilst you have capacity with your permission.

Health and Welfare LPA: Covers decisions about medical treatment, care, and where you live — but only comes into effect if you lose capacity.

It is very much dependant on the assets of the estate as to whether or not probate is required. Probate is usually required if the person who died owned property or significant assets (like large bank accounts or investments) in their sole name. If everything was owned jointly or the estate is small, probate may not be needed – speak to our team for further advice.

Yes – we offer flexible services depending on the level of support you need.

If you just need help obtaining the Grant of Probate, we can take care of that for a fixed fee.

If you’d prefer us to handle the entire process – including asset collection, paying debts, and distributing the estate – we can provide a full estate administration service. We’re happy to tailor our support to suit your needs.

A Deputyship Order is needed if someone has lost mental capacity and has not made a Lasting Power of Attorney (LPA). In this case, no one can legally manage their finances, property, or welfare without applying to the court for permission.

Deputies are usually close family members or friends, but professionals (such as solicitors) can also be appointed. Deputies must be over 18, trustworthy, and capable of making decisions in the person’s best interests.

A Declaration of Trust protects your financial contribution to a property and provides clarity on ownership shares.

It is especially important if:

You and your co-owner are contributing different deposit amounts

One person is paying more towards the mortgage or other costs

You are not married or in a civil partnership

A third party (e.g. a parent) has contributed money towards the purchase

Without a declaration, there’s no formal record of who owns what – which can lead to disputes if the relationship ends or the property is sold.

The typical time estimate given is anywhere between 8 and 12 weeks, depending on the complexity of your transaction and any external factors such as whether there is a chain of properties involved.

Freehold ownership means you own the property and the land it stands on indefinitely, while leasehold ownership means you own the property for a fixed term but not the land, which is owned by a freeholder and known as the Landlord. Leasehold properties are usually seen with apartments and there is usually a ground rent paid to the Landlord.

Remortgaging refers to the process of changing the mortgage deal on your property. This can involve switching to a new lender or moving to a different rate with your existing lender. Essentially, it means paying off one mortgage with the proceeds from a new mortgage using the same property as security. You usually need a solicitor to help you, especially if you are changing the legal ownership (transfer of equity) or taking out a mortgage with a new lender.

This is the legal process for transferring the ownership of a property into another person’s legal name.

An assent property refers to the legal process of transferring ownership of property from the estate of a deceased person to their beneficiaries, typically through a document known as a deed of assent.

A property management company is a company who are usually responsible for the maintenance and management of a housing estate, or apartment building. There is usually the requirement to obtain information from the management company when you buy and sell a property and there is often an annual service charge payable to contribute towards the costs of running the management company and maintaining the house estate.

A redemption statement is a statement received from your mortgage lender when you are selling or remortgaging your property which outlines the final balance owed under your mortgage in order to redeem (pay it off) in full. This will often include early repayment charges if they are applicable and any arrears and charges.

Often if there is enough time to prepare for an agreed completion date then an exchange of contracts will happen in the days or weeks before completion. The exchanging of contracts makes the transaction legally binding between you and your buyer or seller. Sometimes it is not possible to exchange contracts until the same day as completion, usually when there is outstanding money or signed documents. Simultaneous exchange and completion refers to exchanging and completing on the same day.

We do not recommend serving notice or arranging removals until everything is legally binding. Until an exchange of contracts takes place, then there is a possibility the transaction could fall through.

Yes, a mortgage offer is not legally binding and a lender can withdraw an offer at any time.

There are a number of reasons why a lender might withdraw a mortgage offer, for example, if the offer expires (offers are usually valid for 3-6 months), if your circumstances change, for example you lose your job, credit issues or problems that come to light relating to the property you are buying. These are often contained in the mortgage conditions.

If your mortgage offer is withdrawn, the first thing to do is to contact your lender to find out why and discuss with them how the matter can be resolved.

Joint tenants means both owners own the whole of the property together. Married couples or those in civil partnerships often choose this type of ownership. If you are joint tenants, your share of the property will automatically pass to the other owner on your death and this would supersede any provisions in your will. This is known as the ‘right of survivorship’.

Tenants in common are different. In this arrangement, you will specify what share each owner has in the property. For example, you could state that you own 50% of the property and your partner owns the remaining 50%.

When a property is held in this way and one of the owners dies, their share passes to whoever they have named in their will as the recipient of their share, rather than it passing automatically to the other co-owner. It is, therefore, essential that you make or update your will, making provision for who will be entitled to your share when you pass away.

If you are contributing to your purchase in unequal shares and want to protect your contributions then you must own the property as tenants in common and, in addition to making a will, we recommend you enter into a Declaration of Trust to document the proportions of the property that each person owns and how they are to be divided on the sale of the property.

Stamp Duty is a tax that's charged when you buy a property in the UK, but you'll only need to pay it if the price of that property reaches a certain threshold. The amount of SDLT payable will be shown to you on your completion statement and an estimate provided at the outset of your transaction. You will authorise and approve the SDLT return prepared and submitted to HMRC on the day of completion. Please note that conveyancers are not tax experts and do not give tax advice. If you are unsure of your tax liability then you should seek advice from a tax expert.

The primary legislation governing the enforcement of money judgments in England and Wales is the Limitation Act 1980. Under section 24(1) of this Act, the time limit for enforcing a judgment is six years from the date of judgment. After this period, a creditor may face legal obstacles when attempting to enforce the debt. Typically, they would need to apply to the court for permission. The court would consider the reason for the delay in enforcement, whether the debtor was aware of the judgment, the potential impact on the debtor and the conduct of both parties since the judgment was issued.

Your terms and conditions of business should contain a late payment and interest clause. If you do not have a contractual agreement with the debtor, then at the outset of proceedings, your solicitor will claim interest on recovered debts on your behalf. This can happen through Section 69 of the County Courts Act where interest can be claimed at the rate of eight per cent per annum.

If the debt due falls under a business-to-business contract, and there are terms incorporated or those terms specify, you may be able to claim interest under the late payment legislation at 8.5 per cent per annum above the Bank of England Base rate. You can claim compensation for each outstanding invoice, which may be £40, £70 or £100 per invoice depending on the value outstanding along with reasonable costs can also be claimed in addition to the debt and interest.

To avoid you spending lots of time chasing unpaid debts, it is advisable to use a debt recovery expert who can work as an extension to your existing credit control. This relieves the burden on your staff, is a fast way of recovering debts and a sensible option if you want to keep your customer.

For business-to-business undisputed debts, we can work on fixed fees, no recovery no fee. The fee being based on a percentage of the debt value.

Where the Late payment regulations apply the recovery process can be cost neutral (and sometimes cost positive) to you. The percentage applied very much depends on the age of the debt, its value and locality of the debtor. All our fees are transparent.

We pride our selves in that 95% of the business-to-business debt recovery undertaken are recovered without the need for court involvement.