New Leaf News

The short answer is no, however, there are still many misconceptions about “common law marriage” and your rights as an unmarried couple. Sharing a joint bank account, living together for more than 2 years, having your post delivered to the same address; all frequently heard theories as to what constitutes a common law marriage. But unfortunately, none of these theories, nor indeed many others, have any real relevance when it comes to your rights to share property or assets upon breakdown of a non-marital relationship.

What you need to know

The concept of common law marriage is not recognised in law in England and Wales. Therefore, the ability of the courts to make an order for the division of assets outside of the Matrimonial Causes Act (MCA) is restricted. There is no “one stop shop” for dealing with housing, maintenance or your rights to a share of property owned by your partner,. Continue reading

Just wanted to thank you for all your help over the past couple of years.  I was in a real mess with financials, the house and then children and couldn't see a way out.  You just made everything clear and although it was difficult at times I could always see the way forwards with your unwavering support.

Thank you Pauline, you are a great solicitor, but you're also a one in a million just all round amazing person.

Mr NS

There may be uncertainty around financial matters following on from a divorce, particularly in relation to the dividing of assets and the former marital home. This can become difficult when children are involved, as their needs are paramount. It is usually best to ensure that any children involved are able to retain as much normality as possible throughout the divorce process, as it is going to be challenging for them to adjust to change. The change to the family unit may already be hard for them to accept, so by being able to retain the family home, attend the same school and maintain friendships will make the situation easier to come to terms with.

In order to promote stability, a delay can be put in place to ensure that your children are able to remain in the family home until they are old enough to adapt. The. Continue reading

Although it is a little too early to be thinking about Christmas… it may be just the right time to think ahead and start to devise a plan if you are co-parenting. It is better to deal with difficult conversations early on to avoid any disagreements and allow yourself time to negotiate. For those who celebrate Christmas, it is a magical time particularly for children. Therefore, it is important to do everything in your power to make it as special as it should be.

Christmas is an extremely busy time of year. Balancing the time between visiting family and friends while carrying out the usual traditions can be difficult for anyone, let alone those trying to share this time equally between two families. The earlier an agreement can be made, the better it is for any children involved, as this will create a calm environment and allow. Continue reading

When considering who you should appoint as your Executor in your Will, it is important to think through all of the options. In the initial meeting with our clients, we discuss the difference between a lay and professional Executor, but what exactly is the distinction and what does the role involve? Our Amye Aris, head of Wills and Probate, discusses more below.

WHAT IS THE ROLE OF AN EXECUTOR?

An Executor is a person who is legally responsible for carrying out your last wishes as set out in the Will and also administering your estate (i.e. dealing with closing accounts, selling property, the gifting of possessions etc) as well as accounting to the beneficiaries and discharging any inheritance tax liabilities.

WHEN IS IT BEST TO USE A PROFESSIONAL EXECUTOR?

The overall size of the estate and its complexity, as well as the use of. Continue reading

The thought of a divorce can be daunting, even before taking that first step in the process. It may be something you cannot face dealing with and would rather not come to terms with right now.

These types of emotions are completely normal, the most important thing is to put yourself first at this stage. Emotions may run high, and it can be difficult to see the best solution. However, things will eventually work out after finding the best way to navigate yourself through.

Let’s say you have been focusing on other things, work, or children, to which you then receive a letter or email addressed to you causing your nightmare to become a reality. This blog intends to put your mind at ease and assure you that there is no need to panic.

You may not have had access to legal advice yet, so. Continue reading

“I am writing to express my sincere thanks and appreciation for the work of Pauline in representing me in my family matter regarding living and contact arrangements for my child. The case was not complicated but there were a couple of additional factors involved to consider. The most tricky aspect was a difficult ex who wished to continue the dispute as long as possible by disagreeing with everything. I found Pauline online as I was unhappy with my previous solicitors approach and lack of direction with the case which had dragged on for over 12 months. Pauline was amazing !  She quickly understood the situation, and was very knowledgeable, being able to advise me on every aspect needed (where other solicitors were unable to advise me).  She confidently handled my ex-husbands curve ball on the morning of the hearing, and within a few hours the case was concluded with agreement for a. Continue reading

We are sometimes asked by Executors or Administrators of an estate what would happen if the deceased person had accrued more debts than assets in their lifetime in estates in England and Wales. Do the debts die with the deceased? Our Amye Aris, Head of Wills and Probate at New Leaf Solicitors, explains more below.

WHEN WILL AN ESTATE BE DEEMED INSOLVENT?

If a deceased person left more debts (liabilities) than total assets in their estate (so that there’s not enough liquid assets to pay debts accrued) this would be classified as an insolvent estate.

 If this is the case, Executors need to pay creditors in a certain order as set down in law. Correct procedures must be followed, otherwise the Executors or Personal Administrators could be held personally responsible for any mistakes made or paying creditors in the incorrect order.

WHAT IS THE. Continue reading

A warm testimonial for Pauline O’Rourke

“It has been a long road, but you Pauline have been amazing. Thank you so much for your help, wisdom and professional services”.

LT

“I was very impressed with the legal work done by Amy.  Her communication was exceptional, she kept costs down where she could and I always felt that I was being given the best advice.  Thank you Amy”.

Ms AS

“I would like to thank Pauline O'Rourke for all her hard work in helping me through a very difficult divorce she has being honest and truthfully at all times, and I certainty  would recommend her services  to anyone going through a divorce.

Mr C”

As we welcome the early signs of Spring, the new wedding season is almost upon us! As many couples eagerly await their big day, we thought it would be a good time to remind you what happens to a Will (if you have one) if you get married or enter into a Civil Partnership.

Our Amye Aris, Head of Wills and Probate for New Leaf Solicitors, discusses this topic below. This is especially important for couples with blended families, perhaps marrying for a second or third time, or who have children from previous relationships.

WHAT HAPPENS TO MY CURRENT WILL IF I WERE TO GET MARRIED?

Generally speaking, the act of a marriage or a Civil Partnership automatically revokes any Wills that have gone before it, which often surprises our clients when we tell them this if they’re thinking of marriage in the future!

A testimonial for Pauline O'Rourke, family solicitor based in Birmingham.

"I just wanted to drop you a quick note to tell you what a fantastic Solicitor Pauline is.  I've had years of representation that only ever seemed to write letters (and charge me handsomely for it).  Pauline's approach was a breath of fresh air; pro-actively calling the other side and trying to drive my case forward to a conclusion, keeping me informed at each stage about what was happening or could happen.  I always feel like there is a plan, and that every eventuality has been catered for.  

I feel like Pauline genuinely cares for me and my situation.  I know that she has much bigger cases and clients but I always feel like I'm her top priority.   Pauline will always be the number I call if I need legal representation for anything in the future.

The search for a Will – How to find out whether your loved one left a valid Will

After a loved one has died there is a lot to think about and arrange, all at a difficult time when family members are grieving their loss. If your loved one left a valid Will and you know where it is kept this can help reduce some of the uncertainty. Unfortunately, a missing Will or doubts over whether one was left at all can have the opposite effect and cause a lot of stress for the family.

Our head of Wills and Probate, Amye Aris, discusses a few practical steps you can take to see whether a valid Will left by your loved one exists, and if so, where it is held:

I always advise my clients to make a folder of all of their assets and liabilities and put it somewhere obvious. Continue reading

The cost-of-living crisis is something that concerns us all.   The additional worry of household finances and having to restrict outgoings is likely to be a source of discussion and even arguments between couples.     Is the cost-of-living crisis likely to impact upon couples wanting to divorce?

The fact is that clients have many reasons why they want to separate rather that it being just one issue.  The factors that lead to divorce can include no longer sharing the same goals, drifting apart, abuse, alcohol dependency or just no longer feeling part of a happy union.  Money issues are raised if one spouse feels that the other has been spending joint monies on their own needs such as alcohol or socialising or racking up credit card debts when money is tight within the family.

There is no right time for a divorce and so deciding on whether to divorce will be personal to you. Continue reading

Another warm testimonial for Amy Trevellick

"My solicitor Amy Trevellick was very professional, proactive and highly supportive in what was a difficult time. I highly recommend Amy and New Leaf Solicitors and would have no hesitation in using them in the future".

Mr McG

We understand that it can sometimes be quite daunting to come and see us to discuss a new Will. Clients tell us that they have put off making a new Will for many reasons, or simply because they don’t wish to think about their death. Ensuring that a valid a Will is in place makes things so much easier for loved ones left behind, and also, when done correctly, ensures that your last wishes are met. Our Amye Aris, Head of Wills and Probate and New Leaf Solicitors, explains the top 5 things to think about before your Will appointment.

1. ROUGHLY WHAT ARE YOUR ASSETS WORTH?

We ask that you provide us with a rough indication of all sole and jointly owned assets so that we can discuss inheritance tax mitigation and future planning with you. This includes the approximate value of your property, whether there’s any mortgages or loans, the. Continue reading

Death and Divorce may sound brutal but the subject of Wills and inheritance is important when dealing with divorce.

What do I do if I have divorced but then my ex spouse dies shortly afterwards?  This may be an unusual situation but it can happen.

Our clients are advised during the divorce process that they should have a Will or review their existing Will. This is because divorce, meaning the Final Order, formerly known as the Decree Absolute affects inheritance under a Will.  The Final Order effectively treats the former spouse as if they have died and any provisions in a Will where any property or assets are bequeathed to the former spouse will pass as if that former spouse had died.  In other words if a spouse was to benefit under their spouses Will then that clause will fail and they will not inherit.

With the advent of the no fault divorce. Continue reading

The summer is fast approaching so if you haven't already you should discuss the arrangements for contact with your children over the summer holidays.

Many separated couples are able to agree the arrangements for the absent parent to have contact with their children on a regular basis throughout the year and the specific arrangements for contact over the extended summer school holidays.

Unfortunately some separated parents are unable to agree the pattern of contact and if you are one who has yet to firm up the arrangements over the summer holiday you must start thinking about it now.

If you want contact with your children during the summer and your ex partner says no or is offering less contact than you would like you should seek legal advice.

The first step is always to try to reach an agreement directly with the other parent but if that is unsuccessful you should seek legal advice.

Every. Continue reading

A HELPFUL EXPLANATION OF THE TERMS FOUND IN LASTING POWERS OF ATTORNEY

We have seen a huge surge in the amount of new and returning clients instructing us in relation to Lasting Powers of Attorney. Sadly, in these days of increasing dementia diagnoses and care admissions many experts believe that entering into a Lasting Power of Attorney and regularly reviewing it is as important as having a valid Will in place. But completing the 20+ page document and then registering it at the Office of The Public Guardian can be daunting, and ensuring it is all done correctly even more so.

To ease some of this stress, we have compiled a glossary of terms found in Lasting Powers of Attorney documentation to provide an explanation of what it all means.

GLOSSARY OF TERMS

Attorney

The person or people appointed by you to act  on your behalf in the event that you are becoming or have. Continue reading

No fault divorce finally comes into force on 6 April 2022.

The key feature of the Act is the ‘no fault’ divorce which will allow married couples to divorce without assigning blame.

Sometimes couples just want to separate without having to sling mud at each other, the old rules offered no other option if they have not been separated for two years or more.  The introduction of the ‘no fault’ divorce option will hopefully remove unnecessary acrimony between parties and allow them to focus on the bigger issues upon separation such as finances and children.

If you wish to discuss your options with a member of our family team, please get in touch.

Southampton office - [email protected]

Birmingham office - [email protected]

Rugby office - [email protected]

Daventry office – [email protected]

As we approach the end of the financial year our Amye Aris discusses the annual gift exemption.

TAX-FREE GIFTS TO FAMILY MEMBERS

Are you a parent, grandparent, or godparent? Do you make use of your annual gift exemption? If you answered ‘yes’ to the first question you should also consider doing the second as a good way of Estate planning for Inheritance Tax purposes.

WHAT IS THE ANNUAL GIFT EXEMPTION?

Everyone is entitled to give away assets or cash up to a value of £3,000 annually without it being added to the total value of their estate for Inheritance Tax purposes. Any unused part of the exemption can also be carried forward for one tax year.

Parents can gift up to £3,000 tax-free per year to help towards a house deposit, renovations, or as a gift to a new grandchild, for example. Remember that this is your personal allowance, so you cannot give each. Continue reading

Our Pauline O'Rourke discusses the impact on financial matters when the new divorce law comes into force this April.

Consent Orders and the new D81 form.

We have new divorce procedures coming in to force in April but it is important for the lay person to appreciate that getting divorced and obtaining a clean break financial order on your finances are two separate processes.

You can apply to the court for an order on your agreed terms of settlement (a “consent order”) once you have your conditional divorce order (decree nisi). This financial consent order in draft is placed before a Judge who will approve the making of your order but only if it is reasonable and fair to hold the parties to it. To enable this, a joint Statement of Information D81 form must be completed by the parties, signed and submitted as part of the consent order application. This form completion. Continue reading

Another testimonial for our Amye Aris who specialises in Wills and Probate;

"Amye Aris at New Leaf Solicitors was recommended to me by a friend. I'd mentioned in passing that I needed to get my will done but was apprehensive and didn't know what to do. He reassured me that Amye would be able to hold my hand and walk me through all the necessary steps. In effect, Amye was incredibly helpful, providing guidance and clarity at each step. Furthermore, she was very kind and understanding, and listened patiently to my concerns. After several years of procrastination, I now have my will. It's a huge relief, and I cannot recommend Amye highly enough".

Ms T

HOW CAN I PROVIDE FOR MY PETS IN MY WILL?

We are a Nation of animal lovers, and February 20th is national “Love Your Pet Day”. Have you ever considered what would happen to your beloved pet if you were to suddenly die? Who would look after them and how would that person pay for their care, feed and vets bills etc? Amye Aris, our Wills, Trusts and Probate specialist discusses this topic in more detail.

All too often it is simply assumed that a pet will be taken in by family or friends in the event of death, however tens of thousands of pets are at risk of becoming homeless after the death of an owner. Careful planning now could avoid many problems later, and these are 5 things you should consider when making your Will to best protect your pet in the future:

It is a. Continue reading

A warm testimonial for Amye Aris.

" Amye is highly recommended.  I am an Executor of my late sister in laws will. So when she sadly passed away I sought the help of New Leaf Solicitors and instructed Amye Aris to act on our behalf to obtain probate.

She has been brilliant, very approachable and easy to get on with. She efficiently took our instruction and kept us updated throughout the process and painlessly to us, took it through to a successful conclusion.

Thank You New Leaf and Amye for your help".

Mr W

WHAT IS SIDEWAYS DISINHERITANCE AND HOW CAN I AVOID IT?

Our Amye Aris, specialist Wills Solicitor, explains the pitfalls in leaving your estate to a surviving spouse outright, and how to better protect your children’s future inheritance.

MARRYING AGAIN AFTER LOSING A SPOUSE

Clients will often come to us and have it in their mind that if they die first, they want their surviving spouse to have the benefit of all their joint assets including money, investments, and the house, especially if there are children involved. Often, they want the surviving spouse to afford to bring the children up and live the lifestyle that the family enjoy now whilst both parents are alive.

What they often don’t consider, however, is what happens in later life, if their spouse goes on to have a new relationship or to marry someone new.

I recently met with a lady client, who was sadly widowed very young many years. Continue reading

Another warm testimonial for Francine Bristo...

‘Thank you so much for your help and support throughout the process…I suppose times with covid have seemed strange without you seeing clients, however you've made me feel like the whole process has been caring and personal'.

From Mrs L

Another warm testimonial for our Francine Bristo

“You’ve been so helpful and professional but more importantly “human” and understanding. It’s been such a difficult time but you made me feel much more comfortable and put my mind at ease, thank you.” 

Mrs A

Our Francine Bristo offers some guidance on helping your child through separation

Separation is difficult for everyone including children.  It is hard to parent when you are struggling with your emotions.  There is information and support out there, be kind to yourself and get help where you need it.  It is important to look after yourself.  Life will be difficult for a while but there is lots you can do to reduce the impact of the separation on your children.  Co-parenting is hard but it is so very worthwhile.  When parents co-parent their children well the outcomes are better for everyone.

Maintain a working co-parenting relationship with your ex and avoid exposing your children to conflict.  Being patient, offering repeated reassurance and a listening ear can make a huge difference at this uncertain time.  Keep the comfort of routine where possible.

When telling the children about the separation prepare what you will. Continue reading

Our Amy Trevellick shares some advice for those who are newly separated or divorced this Christmas.

For many people, Christmas is a particularly special time of year. Spending time with their loved ones, and seeing glee on their children’s faces as they open their presents on Christmas morning. But for others, Christmas can put a huge strain on their relationship and you may find yourself dreading spending another Christmas at home with your partner or spouse.

It is of course, commonly said that January sees a “divorce boom”. The press has even coined the first working Monday of January “National Divorce Day”. But what is the reality of a divorce, and could you see yourself spending Christmas 2021 as a single person?

One of the most rewarding things about being a family lawyer, if not the most rewarding, is to see my client’s go through the journey and come out the other end. Continue reading

Christmas is not that far away so if you haven't already you should discuss the arrangements for contact with your children over the Christmas holidays.

Many separated couples are able to agree the arrangements for the absent parent to have contact with their children on a regular basis throughout the year and the specific arrangements for contact over the Christmas and New Year period.

Unfortunately some separated parents are unable to agree the pattern of contact and if you are one who has yet to firm up the arrangements over Christmas you must start thinking about it now.

If you want contact with your children over Christmas and your ex partner says no or is offering less contact than you would like you should seek legal advice.

The first step is always to try to reach an agreement directly with the other parent but if that is unsuccessful you should seek legal advice.

Every case. Continue reading

Many of our divorcing clients are concerned about how divorce will affect their future estate planning and whether their ex-spouse will receive anything from their previously drawn up Wills.

Our Amye Aris, Wills and Probate Solicitor at New Leaf Solicitors, sets out the position for divorcing or divorced couples.

Does getting divorced automatically revoke my previous Will?

The act of divorce and obtaining a Decree Absolute operates to treat your ex-spouse as if they had predeceased you on the date the Decree Absolute is granted. Divorce does not, however, automatically revoke your Will. This means that your ex cannot automatically inherit under any pre-divorce Will, but it could mean, depending on the terms of that Will, that your estate or gifts within it will fail and fall under the rules of intestacy. The consequence of this would mean that your estate may not be distributed in the way you had set out for. Continue reading

Thank you to Purple House Clinic in Rugby for this blog.

Divorce

Divorce has been found to be one of the most stressful life experiences, along with the death of a spouse(Holmes and Rahe 1967). It therefore makes sense that there would be a significant adjustment process following a divorce, as might be expected following a significant bereavement. The adjustment process will be impacted by a number of factors including the circumstances around the end of the relationship. These might include infidelity, abusive behaviour, drug or alcohol issues, infertility, physical illness, differences in parenting style, different values or beliefs, sexual difficulties, communication difficulties or ‘drifting apart’ because other life priorities have made it difficult to invest time and effort into a relationship.

The Adjustment Model

Initially developed by Psychiatrist Elisabeth Kubler-Ross (1967) in relation to terminal illness and bereavement, this model provides a framework to understand the process we might go through following the. Continue reading

A warm testimonial for our Francine Bristo

"Francine was more than efficient and attentive, she’s been brilliant, always cheerful and has made what might have been a bit intimidating a friendly experience".

Mr G

A very warm testimonial for our Amye Aris, Wills and Probate Solicitor

"We thank you for your professional, efficient and friendly attention to our business with New Leaf Solicitors.  It is with absolute sincerity and pleasure that we provide feedback, direct to yourself, emphasising our gratitude for your extremely pleasant manner and professional expertise in the efficient handling of our Wills.

We would have no hesitation whatsoever in returning to New Leaf Solicitors, should we have additional business to transact, or, indeed, should we have the opportunity to pass on our recommendations to all potential customers, of New Leaf Solicitors.".

Mr & Mrs D. R and J Keill.

Our Amye Aris helpfully explains what the terminology in Estate Administration and Probate means.

The loss of a loved one is upsetting enough. Having to then deal with arranging a funeral, locate a valid Will and then navigate the legal jargon used by solicitors whilst trying to deal with an Estate can be extremely daunting.

If you need help, our specialist team can assist with Administering Estates on behalf of executors. We provide a bespoke service, and our fees reflect the amount of work you need us to do. We deal with all matters with compassion and sensitivity and understand that clients come to us at an incredibly difficult period when dealing with grieving.

To ease some of this stress and help with the process of Estate Administration we have complied a glossary of terms that you may encounter.

GLOSSARY OF TERMS

For Amye Aris our Wills & Probate Solicitor..

"It was a pleasure to meet you at your garden office.  May I record my deep appreciation for your professional etiquette, helpful advice and efficiency. I will have no hesitation in recommending your service to those who may need it".  BD

Our Amy Trevellick talks about what happens to your pets upon separation and whether a pet nup is right for you.

With the increase of pet ownership since the start of the pandemic, many people are now asking “what will happen to our pets if we separate?”. Of course, anyone who owns a pet will know that they soon become part of the family. It is therefore difficult to explain to client’s that their pets will only be considered a “chattel”, much in the same way as the furniture in their home, or their personal possessions. Unfortunately, the law has not developed in this area to keep up with the modern family owning domestic pets, and so this outdated approach remains in place.

When it comes to deciding the ownership of “chattels”, the law will consider who bought the item in the first instance. Insofar as this applies to pets, ownership is. Continue reading

Our Francine Bristo deals with the importance of discussing financial matters with your partner or spouse.

Most couples don’t make the time to have a conversation about the finances because it can lead to increased tension and arguments.  Money is emotional, evoking feelings of shame, fear, anger and frustration.  It is no wonder that people avoid talking about money and what would happen in the event of their relationship ending.  Ignoring these issues whilst they are small however, allows them to grow into larger problems.  There is nothing worse than dealing with the emotion of money combined with the emotion of separation.   It is better to discuss the finances and what would happen if you were to separate whilst you are on good terms.  Conversations help avoid misunderstandings and later upset.  It is useful for everyone to clarify the terms of your financial relationship so that you each understand the expectations,. Continue reading

A warm testimonial for our Francine Bristo in our Rugby office.

"Many thanks for everything you’ve done to make this process as painless as possible and looking out for my best interests where you could".

Ms H.

Our Francine Bristo considers how best to tell the children you are separating.

During separation most children feel powerless finding themselves forced to accept change in which they have had no say.  Children find it hard to raise the subject with their parents but they want to be consulted and listened to.

Children usually want to know why their parents are separating.  Set aside some time to tell the children together at home if possible.  Reassure and repeat.  Think carefully about how you will explain this to them, saying that you no longer love each other could cause the child to worry that their parents may stop loving them too.  When discussing the separation with your children it is important to make clear that it is an adult decision and the child is not responsible.  Children benefit from being told that it doesn’t mean that it will change their relationship with each. Continue reading

The divorce rate amongst older couples, the so called Silver splitters, is growing year by year.

There are many reasons for this.  First, people are living longer and are expected to be in good health well into their later years.  The whole ‘in sickness and in health, til death do us part’ promise can suddenly seem like a lengthy commitment.  Financial security is also an issue.  There are new rules which allow people to cash in their pension pots on retirement and so some couples may not feel compelled to stay together because it’s too complicated to separate.

Many couples wait until their children become independent before they choose to separate but it is still important to think about the impact on your children even though they are now adults.  You may not need to discuss contact arrangements but it is still important to be amicable and to shield them from disagreements. The. Continue reading

A will is often associated with the elderly, however the stress of living through a pandemic has meant we have seen a huge increase in new will enquiries and appointments as more and more people are thinking about making or updating their will.

A valid will is arguably one of the most important legal documents which an individual can execute, however recent research carried out by insurer Royal London pre COVID-19 suggested that 5.4 million adults in the UK did not have a current will.

Here are the top 5 reasons our Wills expert, Amye Aris, has heard from clients, friends and even family members as to why they have NOT got round to writing their will:

Time is a big factor in putting off thinking about making a will. Many clients tell us that they had not got round to doing their wills before now, as. Continue reading

Some kind words from Mr H for our Francine Bristo and Amanda Weaver at our Rugby office

"I honestly can’t thank you and Amanda enough for everything you have done, especially for my relationship with my children".

We asked Francine Bristo why she chose family law...

"I wanted to become a family lawyer because the law fascinated me and I enjoy people, the law alone was too dry.  I like listening to people’s problems and helping them to find the light at the end of the tunnel.   I try to be understanding and empathetic without getting too involved in the emotion and I am to help my  clients to reach a solution that works for them.  I like to support clients by calmly taking on management of the legal process so that they don’t have to worry about this aspect of things when they have so much else to deal with.  It is really satisfying and a privilege to journey with my clients through what can be a very difficult time in their lives".  

Civil Partnership and Same Sex Marriage – are they the same thing? 

Our Amy Trevellick in our Daventry office answers this question.

The short answer is, no. Although Civil Partnerships and Same Sex Marriage share many of the same features, and convey almost exactly the same legal rights, they are fundamentally different in nature and process. For one thing, if you are in a Civil Partnership, you cannot formally say you are “married”. So why are there 2 different processes?

The Civil Partnership Act 2004 was introduced to provide a legal framework around same sex relationships and to provide couples with the benefits and legal protection that heterosexual couples enjoyed upon marriage. This includes for example, tax benefits, inheritance and pension rights and the ability to be recognised as your partner’s next of kin. Although this went some way to bridging the gap between opposite sex couples and same sex couples, there. Continue reading

No fault divorce – we FINALLY have a date!

On 8th June 2021, we received the long awaited and welcome news that the Divorce, Dissolution and Separation Act 2020 will come into force on 6th April 2022.  The key feature of the Act is the ‘no fault’ divorce which will allow married couples to divorce without assigning blame.

It was originally hoped that this change would take effect this Autumn and therefore it will be a disappointment for many couples wanting to avoid the ‘blame game’ that they will have to wait another 6 months, but it is positive that we now have a fixed date for this much needed reform which means we can now advise our clients about their options with more certainty.

Sometimes couples just want to separate without having to sling mud at each other, the current system offers no other option if they have not been separated for. Continue reading

We understand that every client’s situation is different but it is not uncommon for a client to say that they would rather wait until the children have finished their GCSE’s or the children have left for University or just when the children have left home, before they consider separation and divorce proceedings.

In essence clients as parents choose to put their children’s best interests and wellbeing before their own wishes.  But of course every family is different and waiting to separate from your spouse may not actually be in the children’s best interests.

Every relationship is different but if the relationship is abusive a safer outcome would be to protect the children from exposure to the abuse and take immediate action rather than delay.   If the atmosphere at home is hostile and there are many arguments then staying together may not be what the children would want.

It is difficult to weigh up. Continue reading

SMALL TO MEDIUM BUSINESSES AND LASTING POWERS OF ATTORNEY – WHY WOULD YOU NEED ONE?

When a small to medium business (SME) is first formed it is probably the last thing on the owner’s mind to think about what would happen if they can no longer run the business themselves due to a long-term debilitating illness, accident, or worse, a stroke or dementia.

Mental capacity can be lost temporarily or permanently. If that happened, you should ask yourself how important you are in the running of the business. If you lacked capacity what would happen to your business? Would it have to close? Who would pay the wages, invoices, meet the rent or mortgage payments, or make day-to-day decisions about the financial administration of your business? Are you prepared? A Business Lasting Power of Attorney could avoid all of that uncertainty.

What is a Lasting Power of Attorney?

Lasting Powers of Attorney (LPAs) are. Continue reading

This is a question our Amye Aris is often asked.

Can we transfer our property to our children now and avoid facing care home fees in the future?

Clients are becoming increasingly mindful about ‘future planning’ their estates to best protect their assets for theirs and their loved one’s future. Many people consider transferring property or cash gifts to their children during their lifetime as this is perceived as a good way to avoid care home fees that may be forthcoming. There are many factors to consider before thinking about transferring assets out of your estate in this way and Amye Aris, Consultant Solicitor in our Wills and Probate team, discusses what these are.

Clients see the transfer of property to children as a way of taking that asset out of the calculation of their overall assets. Residential care is increasingly expensive (anything upwards of £2,000 per week in some areas). Anybody with. Continue reading

Another warm review for Francine Bristo

"Thanks for all your help with this, you have made this whole process very easy".

Ms S

A warm testimonial for our Francine Bristo

"Many thanks for your support throughout this process.  You've been very kind and professional".

Mrs B

It's not true that there is no such thing as a good divorce. Although any separation is a cause for some sadness, it's also clear that when the couple in question is on friendly terms and doing everything in their power to base the divorce process on fairness and cooperation, then the experience can be tolerable, or even harmonious.

 1.  Commit at the outset to breaking up amicably. Essentially, any break-up is as amicable as both partners want it to be. Obviously, if the split is something that both partners want equally, then the chances of keeping it civil and cooperative are much, much higher. If one partner wants it less, then keeping everything on good terms becomes much harder. Just remember that you have nothing to gain by making things more difficult than they need be, and if you make things hard for your partner, you're also making them hard. Continue reading

If you separate from your partner and are not married but do have children, it’s important to gain a detailed and accurate understanding of what your responsibilities are as soon as possible.

Do you have parental responsibility?

In England and Wales, fathers have parental responsibility for their children if their name is on the birth certificate and the birth was registered after December 1st 2003 or if the parents have signed a Parental Responsibility Agreement. An absent parent may also be given a parental responsibility order by a court, or a Child Arranngements Order that says that the child can live with the father.  A father will acquire parental responsibility if he marries the mother.  Parents have responsibilities towards their children and children have rights to have a relationship with both parents.

Parental responsibility gives you the opportunity to be included and consent to important decisions regarding your child’s upbringing, even if. Continue reading

Do you understand what child arrangements are?

Our Pauline O'Rourke answers some commonly asked questions regarding contact, residence and child arrangements.

Quite often I am asked  “I want custody of my child” or “I want visitation rights” or quite simply “I want to see my child”. Getting the terminology right helps to understand what exactly are the rights of children and parents and how best to get the outcome you want.

The terms ‘custody’ and ‘access’ are no longer used and now we refer to residence and contact arrangements. In court proceedings an order is called a Child Arrangements Order  and this can include what time each parent shall share with the child or who the child shall live with and how much time the child shall spend with the other parent. Neither parent has a different label and no longer do we adopt battles and fights over custody and access.

If the parents. Continue reading

Top Tips for your first meeting with your solicitor.

We understand it is a difficult to decision on whether to start divorce proceedings and deciding to consult a family law solicitor can be the hardest step to take.  Even if you are not sure what you want to do, we can offer valuable, impartial advice in an initial meeting which will help you work things out.

These are some things to consider, when coming to see us, to make sure you get the best out of the meeting.

There will be a lot you wish to discuss, and there will be a lot to take in. Leave plenty of time to get all of your thoughts together and make sure you don’t have to rush off anywhere.  You will find it difficult to focus if your eye is on the clock.  Also, allow yourself some time after the meeting to reflect on. Continue reading

For Francine Bristo

"I would not hesitate to use New Leaf Solicitors again should the need be necessary".

Ms N

LIFE IN LOCKDOWN: A day in the life of a Solicitor in our Wills, Probate and Lasting Power of Attorney team.  Amye Aris, our Wills, Probate and Lasting Powers of Attorney Solicitor shares with us what a typical day is like for her whilst we have been in lockdown.

It is fair to say that the way we all work has changed significantly over the past year and we have all had to adapt to these changes. As a consultant solicitor for New Leaf Solicitors I have always been home-based for my work which is great as it provides lots of flexibility around other commitments, my children, the school run etc. However the juggle of home schooling and having my whole family at home around my work has certainly made me more focused and time efficient!

8:00am – I start my day with a smoothie and walk with my dogs before settling down. Continue reading

Some very kind words from one of Kelly Bruton's clients, very happy with her representation

"I just wanted to send a short note to say a big thank you for your support , guidance and negotiation skills over the past week. I really do appreciate it.  Kelly, your care and expertise shown through the negotiation phase and reassurance was fantastic".

Mr C.

Our Amye Aris deals with this often asked and important question - what is the role of an Attorney?

We have seen a large increase in new client enquiries asking us to prepare and register Lasting Powers of Attorney documents on their behalf.  But what does it mean to be appointed as someone’s Attorney, and what are your legal duties in that role? Our Amye Aris explains more.

If you have been appointed as an Attorney for someone under a “Lasting Power of Attorney” you can legally make decisions on their behalf, stepping into their shoes and acting as if you were them. The person who has appointed you is known as the ‘Donor’.

The decisions that you take on behalf of the Donor will depend on whether you have been appointed under:

Attorneys must always act in the best interests of. Continue reading

Our Amy Trevellick continues her series of articles about mediation.

Where children are concerned, our client’s attend mediation mostly to discuss when and how often their children will see each parent after a separation or divorce. This is commonly known as “child arrangements”. If these arrangements are agreed as a result of mediation, or indeed, via a direct agreement between the parents, they can be drawn up into a Parenting Plan or, if necessary, a Child Arrangements Order.

However, mediation can also be used for a number of other reasons, and you don’t have to wait until you have separated to attend mediation. It can be helpful to agree to joint approach to things such as how or when to tell your children you are separating, or how to approach the subject of divorce. If the mediator is trained in Child Inclusive Mediation, your child or children can also form part of. Continue reading

An amazing testimonial for our Pauline O'Rourke...

"I have just had a really horrible year and Pauline has been amazing, she has literally got me through this.  She is so knowledgeable very, honest about things which she wasn’t able to guarantee would happen and offered me several options possible outcomes.  I felt entirely comfortable talking to her on the phone very easy to talk to and really felt that she was genuinely fighting my corner with everything she had, I certainly had a far better financial outcome than I would have got if I hadn’t got her.

Pauline knew how hard to push things and when we were at the best possible outcome, and advised me accordingly.  My son and I have got hope now to get back on the home owner ladder in a better area and probably an extra bedroom too and I will be able to move neared to. Continue reading

Do I need a Consent Order?

Some clients who are divorced or are in the process of getting divorced ask whether they need a consent order.

Where you have agreed how you will deal with the divorce finances (even where you decide not to make any claims against each other) the answer is in most cases, yes.  If you have been unable to agree on how the finances should be dealt with you should seek legal advice to discuss your options further.  Surprisingly many people go to the trouble of getting divorced but do not end their financial relationship with their spouse which can result in unnecessary future stress and complication.

Spouses, as a result of their marriage have financial claims against each other and they are not brought to an end by the decree absolute.   The  most usual way to conclude your financial claims against each other is by a court order. . Continue reading

The Pandemic and Divorce

COVID 19 and the subsequent lockdowns have undoubtedly had an affect on peoples lives.  The lockdown has led to many different stresses in each household, tensions running high perhaps with both partners having to work from home and finding the space to do that, as well as sharing the responsibility of home schooling.

These pressures have caused immense difficulties to many relationships and those with cracks already have really felt the additional pressure on them.

For some the loss of their daily work routine or the loss of their job has brought additional financial stress to the household.

For some the pandemic has led to a re evaluation of their lives and their focus and are seeking new horizons.

We have found that for clients who are seeking a divorce in these difficult times they want the divorce dealt with as smoothy and swiftly as possible.   The burden of a global. Continue reading

Our Amy Trevellick continues her series discussing mediation.

Mediation and Dealing with Finances

I don’t trust my ex to be honest about their income / finances – is it worth me attending mediation?

When discussing financial arrangements at mediation, almost all mediators will require an exchange of financial information before any substantive discussions start. This is often done on the same form that is used in court proceedings (a Form E Financial Statement) so the level of information available to you in mediation is the same as it would be in court. This can be a cost effective way of exchanging information as it is often cheaper than using a solicitor to prepare the forms. Even if you do not reach an agreement with your ex at mediation, you can take the financial information to a solicitor to advise you on the next steps.

Mediation relies on the parties being open and. Continue reading

The Probate Office have confirmed that the move to mandatory online applications for all probate applications since 11th January 2021 is proving to be a success. The new online service has seen a huge uptake in solicitor firms and probate practitioners registering to use the service since its roll out.

Here at New Leaf Solicitors we have been using the new online system for all our Probate applications where possible. We have found the process to be quick and simple which in turn means we can assist our clients with finalising the estate administration quicker.

If you would like any advice or assistance with a Grant of Probate application contact Amye Aris on 01908 542 677 or [email protected]

What is mediation and why should I go?

There is common misconception that family mediation is like couples counselling. This is not correct. The purpose of mediation is not to try and save the relationship (although of course, if there is any desire to do that, you can be referred to someone who can help). Mediation is about providing an impartial and non-judgmental environment where you can make arrangements with your ex-partner about your children, money, divorce, or all three. Discussions at mediation are confidential and any proposals you make during mediation cannot be relied upon or referred to if you later end up in court proceedings. This is to encourage open discussions without the fear of it being used against you later on.

What is the role of the mediator?

Although many mediators are also family lawyers, their role in mediation is not to advise you (either individually or together) but. Continue reading

Our Amy Trevellick shares some advice for those who are newly separated or divorced this Christmas.

For many people, Christmas is a particularly special time of year. Spending time with their loved ones, and seeing glee on their children’s faces as they open their presents on Christmas morning. But for others, Christmas can put a huge strain on their relationship and you may find yourself dreading spending another Christmas at home with your partner or spouse.

It is of course, commonly said that January sees a “divorce boom”. The press has even coined the first working Monday of January “National Divorce Day”. But what is the reality of a divorce, and could you see yourself spending Christmas 2021 as a single person?

One of the most rewarding things about being a family lawyer, if not the most rewarding, is to see my client’s go through the journey and come out the other end. Continue reading

Christmas is not that far away so if you haven't already you should discuss the arrangements for contact with your children over the Christmas holidays.

Many separated couples are able to agree the arrangements for the absent parent to have contact with their children on a regular basis throughout the year and the specific arrangements for contact over the Christmas and New Year period.

Unfortunately some separated parents are unable to agree the pattern of contact and if you are one who has yet to firm up the arrangements over Christmas you must start thinking about it now.

If you want contact with your children over Christmas and your ex partner says no or is offering less contact than you would like you should seek legal advice.

The first step is always to try to reach an agreement directly with the other parent but if that is unsuccessful you should seek legal advice.

Every case. Continue reading

For Francine and Amanda

I wanted to say a big Thank you to you and Amanda for your caring, support and professionalism throughout this awful process for me.  I really appreciate everything you have done for me and wish you both all the very best too.

Mrs S

The long awaited no fault divorce process is getting closer.  The Divorce, Dissolution and Separation Bill has now reached its journey’s end in the House of Commons and now its with the House of Lords to review  before it receives Royal assent.  It is anticipated that it will be Autumn 2021 before the new law comes into effect.

This change in the law has been campaigned for for many years.  Resolution has been campaigning for decades for a change to remove the requirement to place blame on your spouse in order to obtain a divorce.  This need to place fault with your spouse and give details did not sit comfortably with many couples who remained amicable and did not wish to ruffle the other’s feathers by having to blame the other.

The detail of the rules process are not yet known.  Ironing out the finer details may mean the introduction of the. Continue reading

A Checklist for You After a Divorce

The time will come when the divorce is behind you and you are looking forward to a new chapter.  Here are some helpful hints to help you along your new journey.

I’VE BEEN APPOINTED AS AN EXECUTOR IN A WILL… WHAT NEXT?

Our Amye Aris answers this often posed question.

Being appointed as an Executor in a person’s will is an honour but also a daunting prospect, especially if you have never dealt with an Estate before. We have put together a few tips on what to do if you have been asked to act as an Executor and where to begin.

It is important that you ascertain firstly whether the deceased left a will. You need to obtain the original if possible, ensure that the will is valid (if unsure speak to a solicitor) and is the last and final one made before they died. Online will registers such as Certainty the National Will Register hold a national database of registered wills and this is a good place to begin your search.

SHOULD I WAIT UNTIL MY DIVORCE IS FINAL BEFORE MAKING A NEW WILL?

When you are going through the upsetting and difficult time of separation or divorce it is understandable that making a new will or updating your current one may not be on the top of your to-do list. But it is something you need to do to ensure that your former husband or wife does not unintentionally benefit from your estate if you die.

Amye Aris, our wills and probate solicitor explains the importance of keeping your will up-to-date and talks through different scenarios with regard to the rules on wills, separation and divorce.

Below are a few questions we are often asked and our replies.

What if I die before my divorce is final and I have no will in place?

If you die without a will the Government’s Rules of Intestacy determine who should receive your estate. These Rules specify an. Continue reading

Our Kelly Bruton answers the frequently asked question - Can I change my child’s surname?

A question that we are quite frequently asked is whether a child’s surname can be changed.  If a child is under 16, their name can only be changed if everyone with parental responsibility for them gives written evidence of their consent.  If the child is over 16 or the other parent with parental responsibility is willing to provide written consent, we can prepare a Change of Name Deed.

If the child’s other parent has parental responsibility and refuses to consent to their name being changed, then it will be necessary for a Specific Issue Order application to be made by the court to change a child’s name.  When considering whether a child’s name should be changed, the court will take into account current case law and they will apply the principle that the child’s welfare is the. Continue reading

Our Francine Bristo looks at why is September one of the Busiest Months for Divorce?

Every year as with January, we notice an increase in enquiries during September.  This may surprise some as it sees the return of children to school and is could be looked upon as a positive and optimistic time for couples.  Whilst it may be for some, September can be a difficult time for many couples and is a popular time of the year for spouses to file for divorce.  It is not clear why more petitions are lodged in September, couples do not consciously choose a time of year to separate, we suspect there are many reasons for this.

Couples may have used a summer holiday as a time to reflect on their relationship.  Returning to 'normality' and everyday routines may mean spouses decide to finally give up the struggle of pretending to be a 'normal' and. Continue reading

Our Consultant Solicitor Pauline O'Rourke considers how to share a pension in divorce proceedings.

One of the first questions I am often asked when advising on how to settle the finances on divorce is whether my client is entitled to a share of their spouse’s pension.

The answer is yes, although because pensions form part of the financial “pot” overall only part or even none of the pensions may end up being divided. One party for example may wish to keep the available capital or equity in the home as an offset against taking a share of the other’s pension i.e. a pension “offset”.

What pensions can be shared? Personal pension schemes, workplace schemes both past and present, and any additional state/contracted out schemes can all be shared. To receive a pension share, this must be included in a court order (the consent order on settlement) as this is sent by the court. Continue reading

TAX-FREE GIFTS TO FAMILY MEMBERS

Are you a parent, grandparent, or godparent? Do you make use of your annual gift exemption? If you answered ‘yes’ to the first question you should also consider doing the second as a good way of Estate planning for Inheritance Tax purposes.

WHAT IS THE ANNUAL GIFT EXEMPTION?

Everyone is entitled to give away assets or cash up to a value of £3,000 annually without it being added to the total value of their estate for Inheritance Tax purposes. Any unused part of the exemption can also be carried forward for one tax year.

Parents can gift up to £3,000 tax-free per year to help towards a house deposit, renovations, or as a gift to a new grandchild, for example. Remember that this is your personal allowance, so you cannot give each of your children £3,000. You would need to split the annual exemption between your children if. Continue reading

If you are planning your wedding there are lots of things to do.  One thing you may want to consider is whether to have a Pre Nup as they are becoming an increasingly popular option for couples.

What is a Marital Agreement or Pre-nup?

A pre-nup is an agreement before the marriage, designed to decide what happens to a couple’s assets and income if they decide to divorce in the future.

Who has them and why?

Traditionally, they have been reserved for celebrities, sports people and others with great wealth, particularly where the wealth is not evenly distributed between the couple.  Not only does it safeguard assets, it can also keep the financial wrangling and finer details out of the public courts.

Couples are marrying later, with both parties bringing substantial assets into the relationship with them.  For second marriages, they can also be a useful way to safeguard the inheritance of children from a previous. Continue reading

Our Amye Aris received this testimonial from another happy client;

"Just wanted to say a big thank you for the prompt and efficient service you have provided in sorting out this important matter for us".

Y & E.W

Can we transfer our property to our children now and avoid facing care home fees in the future?

Clients are becoming increasingly mindful about ‘future planning’ their estates to best protect their assets for theirs and their loved one’s future. Many people consider transferring property or cash gifts to their children during their lifetime as this is perceived as a good way to avoid care home fees that may be forthcoming. There are many factors to consider before thinking about transferring assets out of your estate in this way and Amye Aris, Consultant Solicitor in our Wills and Probate team, discusses what these are.

Clients see the transfer of property to children as a way of taking that asset out of the calculation of their overall assets. Residential care is increasingly expensive (anything upwards of £2,000 per week in some areas). Anybody with capital or assets worth more than £23,250 must contribute. Continue reading

Do we need a Parenting Plan/Agreement?

Our Francine Bristo deals with this very pertinent question.

Parenting plans are really helpful unless there has been domestic abuse or concerns about your child’s safety.  A regular pattern of contact and a united front on arrangements makes children and you feel more secure.  You may have different ideas about what’s best for your children and this can make agreeing a parenting plan daunting, we at New Leaf are here to help support you through this.

A parenting agreement is a plan detailing how the day to day parenting of the children will be handled by the parties.  The plan involves both parents and in some cases, includes grandparents or a guardian.  Where children are old enough and it is appropriate, they too can be involved in the process enabling them to also have their voice heard.  The plan should reflect what is in the best interest. Continue reading

A testimonial from one of Amye Aris' happy clients

"Throughout the process, you have dealt with all correspondence both efficiently and with great professionalism, for which we are most grateful.  We will have no hesitation in recommending your services to anyone who wishes to carry out the same procedures".

RF

WHAT IS A GRANT OF PROBATE AND DO I NEED ONE TO MANAGE MY LOVED ONE’S AFFAIRS?

 Someone you know may have died and appointed you as an Executor in their Will. You may have heard or been told that you need to get on with obtaining a Grant of Probate, but are unsure what Probate is or how to go about getting it.

Applying for Probate gives you the legal right to deal with someone’s possessions, property and money (their Estate) when they die.

In England and Wales the type of Grant required depends on whether the person died with or without a Will.  A Grant of Probate is required if someone has died with a valid Will. A Grant of Letters of Administration is required if the person died but did not leave a valid Will. In both circumstances, however, the application process is largely the same and referred to as. Continue reading

I am not sure what to do next ?

When you enter a relationship and you become close you may inevitably think about living together and/or having children together. What sort of things should you consider? Disputes can arise out of quite trivial disagreements initially. What steps can you take to prevent this from happening?

If you buy a home together and it is put into joint names, what steps can you take to protect your respective interests? Has one of you paid or about to pay a significantly greater share of the deposit? Can you protect that money? If the house is going to be in one person’s name (for example one of you has a poor credit history or are self-employed) should you consider a Living Together Agreement? Whilst this may increase your initial costs at a time when you cannot necessarily afford to incur those costs the consequences financially. Continue reading

“Following my divorce, I needed to update my will. As I had received excellent advice & assistance from Kelly Bruton (a family law solicitor) through-out my divorce proceedings, I asked if she could recommend somebody to help me complete a new Will. She recommended ‘Amye Aris’, also of New Leaf Solicitors.

         Amye was most helpful, efficient & approachable throughout my will-writing process. Due to her assistance, I found the entire process much less daunting & more straight-forward than I had feared beforehand. I would highly recommend these fine, helpful & professional ladies, should you need legal advice & support in either (or in deed both) of these matters.”

 Best regards & thanks again for your fine & good-humoured help. C

When you get to the stage where you feel you need guidance or advice regarding divorce, separation, children or finances who should you turn to?

Choosing a Solicitor is not dissimilar to employing a builder or any other expert. The advice and service you receive will help you to make decisions that will affect your life, your partner’s life and your children’s lives.

Look at websites and individual solicitor profiles to look at what they do and how that my differ from firm to firm. Is the website easy to use and navigate? Is it of interest and relevance to you and what you want to get advice about? Is it up to date?

Look at the Law Society website and search for Solicitors firms and then look at the experience levels of the solicitor that you are considering using. You will be able to ascertain when they qualified and what they specialise. Continue reading

COVID-19: OUR REMOTE WILL WRITING AND LPA SERVICES CONTINUE

The Country is still in lockdown with no endpoint in sight, forcing us all to change and adapt to a different way of life. It also gives us some time and space to think about our own mortality and whether we have our affairs in order to make it easier on loved ones if anything were to happen. With all but key-workers working from home and everyone in self-isolation we have had lots of enquiries as to whether we can even take instructions for new Wills and Lasting Powers of Attorney during this time. We want to reassure you that we are still working remotely from home to provide you with our expert advice and assistance with your Wills and Lasting Power of Attorney as quickly and efficiently as possible.

We have policies in place to guarantee that we maintain our highest level. Continue reading

Getting Ahead of the Divorce Curve

Everyone seems to be talking about a ‘curve’ during the Coronavirus pandemic but today was the first time I had heard a new client saying he wanted to get ahead of the divorce curve.

It is a sad prediction that after a period of self isolation this will put a strain on some couples marriages and the divorce rate is predicted to increase.    So rather than waiting until after the lockdown comes to an end and THEN instructing a divorce solicitor this particular client wanted to get ahead and get the ball rolling now.

You may ask if you can begin divorce proceedings now during this lockdown.  Yes you can, the paperwork can still be prepared and emailed to you and your spouse and the Court is still open, however there will be a delay in the usual processing time as the court office is not staffed. Continue reading

These are unprecedented times!  This phrase is used a lot but it certainly applies when it comes to contact arrangements. This pandemic would never have been in the minds of parents when reaching an agreement on contact with the children, nor would it have covered what would happen in the event of a pandemic. However, this is where we are and so it’s a learning curve for all of us.

If you have an amicable relationship with your co-parent then hopefully you can discuss and agree the new arrangements for your children if the usual arrangement isn’t working, particularly now that the children are now off school and one parent may be a key worker and working longer hours or one may be self isolating.

During this lockdown try to utilise the technology that is available, Zoom or Skype or video chats on social media to speak to the other parent and. Continue reading

Tips on how to co parent during the Coronavirus outbreak.

During such a stressful and unsettling time it is important that your children know there is some stability in their home life.  Their world has turned upside down if they are off school and they will need some structure at home and also reassurance that everything will be ok.

Be as present as possible when you are with your children, whether you are working through their school work or during play.  They may be feeling unsettled with their routine being disrupted so give them lots of reassurance and love and praise for help around the house or in their school work.

If your children are off school then use the time at home to get to know what is going on in their lives by talking to them more. If they are doing their school work, see how they approach their work and. Continue reading

“What is a Lasting Power of Attorney and why do I need one” is a question that we are asked regularly at New Leaf Solicitors. There are lots of reasons why you should make and register a Lasting Power of Attorney, but below is a list of the top twenty…

What is the Current Divorce Law?

Some might say this has been a long time overdue but a change is now on the horizon. The Government has submitted a proposed change to existing divorce law for Parliament to debate which if agreed will amend the current procedure for divorce across England and Wales. This will allow separating couples to divorce more quickly and without blame.

Existing Law

At present to divorce the parties need to have been married for 1 year and the petitioner has to show that the marriage has broken down irretrievably by stating one of five facts:

This means that if you wish to divorce prior to being separated for 2 years you must show some blame/fault on the part of your spouse either by way. Continue reading

Another happy client of Kelly's

"Kelly seems to have a very calming nature so even at very stressful points of the divorce process she made it very easy and understandable.  I can't compare prices as I didn't get quotes from others but it seemed very reasonable especially when it also came to the clean break element.  Thank you Kelly for all your help".

Mrs P

Amanda was amazing.  The whole process was fast, communication was second to none and everything was explained very clearly and thoroughly.  I would highly recommend New Leaf Solicitors as Amanda will help to make divorce as painless and amicable as possible.  Many thanks.

LR

This is a repeat of an earlier article but the feedback from our clients is that the information is really helpful and informative and so here is an update to our guide to your first meeting with us.   

We recognise that the decision of whether or not to begin the divorce process is a difficult one, and deciding to consult a family law solicitor can be the hardest step to take.  Even if you are not sure what you want to do, we can offer valuable, impartial advice in an initial meeting which will help you work things out.

These are some things to consider, when coming to see us, to make sure you get the best out of the meeting.

There will be a lot you wish to discuss, and there will be a lot to take in. Leave plenty of time to get all of your thoughts together and. Continue reading

Are you unhappy in your marriage? Do you want to find out your options? We are offering free 20 minute meetings during February.  Call or email us now to book a meeting.

A lovely testimonial from a client;

From beginning to end Amanda has always been very approachable.  Nothing was ever too much trouble.  The entire proceedings were handled professionally.  Always kept up to date with what was going on and Amanda always showed enthusiasm at the times when I was at my lowest and empathy.  She has supported me through a very stressful and difficult phase of my life.

GS

Another positive testimonial...

Thanks Amanda.  You were perfect.  Just want I needed.  Calm sensible approach without the formal jargon.  I hopefully won't need you again though 🙂

JB

Amanda was always willing to explain the process to me on all the parts along the way that I was not familiar with.  She explained this in a way that I understood.  I was always confident in her ability and when she said something would happen within a certain time frame it did.  I was very happy with the service.  It was nice to deal with a professional that gets things done.

Mrs N D

Great feedback from a client referred from a mediation service..

Amanda was always calm and methodical and didn't escalate issues based on my 'panics'!  New Leaf acted professionally and courteously.  My queries were answered promptly with helpful responses and good advice.  I would certainly recommend New Leaf.

Mr J W

The summer holidays are nearly upon us, and that can mean challenges for separated and divorced parents.  Unlike Christmas, or half term, the holidays are long, and tension can pop up in all sorts of places.  As well as actually holidays, there are also childcare, back to school and financial issues to take into account.

However forewarned is forearmed, and some thought and planning will allow you to manage six weeks relatively unscathed.

First the good news.  Separated parents can divide time between them.  Whereas before, a summer holiday would be taken together, now you will be taking separate holidays and spending time with your children alone.  This can often take up 4 of the 6 weeks, which can be a distinct advantage.

It’s not all plain sailing though, and issues can arise. Here are some tips on how you can avoid them.

Advanced planning

You should have already decided when your children will be. Continue reading

Whether you are ironing the bunting as we speak, or finding somewhere to hide for the day, there is no doubt that Royal Wedding fever is upon us.

Amidst the bridesmaid, carriage and dress speculation, in all the press coverage of Prince Harry and Meghan Markle impending wedding, there has been much discussion of potential pre-nup agreements and their decision not to have one.

This seems unusual as they are both wealthy people in their own right and both have divorced parents. Meghan is also American, where they are far more commonplace.

However this is a royal wedding and it is not something that royals do.  No royal marriage has involved one in the past and, maybe surprisingly, that includes Prince William and Kate Middleton. Pre-nups are considered the territory of footballers and celebrities and not our future monarchs.  In addition, although Prince Harry is undoubtedly wealthy by anyone’s standards, the majority of. Continue reading

A divorce is always a difficult option, fraught with emotion and upset.  However, working with a mediator can ease much of the pain and difficulty in the long term.  This isn’t marriage counselling, it is a process where a neutral third person helps to resolve conflicts and disputes arising from the divorce so that the divorce can move forward.

There are two biggest advantages to Mediation.  First, it makes divorce up to four times faster and second, it can be more than ten times cheaper than going to court. So what stops more people trying it or seeing it through?

Sadly, divorce can turn even the most mature, considerate and rational adults into petulant children or disputatious teenagers. As with all perilous situations, we can go into survival modes of Fight, Flight or Freeze which can have major impacts on the outcome of your divorce.

Flyers

The desire to run away from it. Continue reading

How refreshing to find a solicitor practice with a warm and friendly approach to a client’s needs.  I accompanied my daughter to New Leaf Solicitors to discuss her divorce arrangements. Amanda has a relaxed manner and conducts the business professionally but with a warm and friendly attitude. She separated the emotional, legal and financial aspects of the case and advised my daughter on how to proceed, drawing attention to the matters that would require legal representation and those that my daughter could conduct herself.

Throughout the case Amanda kept a check on progress and gave advice on the order and relationship of documents. There was a readiness to answer queries and she gave a clear interpretation of the documents involved.

I have no hesitation in recommending New Leaf Solicitors.

Mrs L

A client testimonial for Kelly Bruton.

"I employed Kelly’s services after my FDR Hearing. Up until that point I had thought I would be able to represent myself and didn’t expect the financial dispute process to be so complicated and worrying.

Kelly helped in so many ways, easily building my complete trust that she understood my case. She helped me write my respondents statement in a clear and understanding manor with almost no time or effort needed on my part.

Kelly helped to the end of the process, employing a great barrister to use in my final hearing, at which I achieved the result I had hoped for.

I would recommend anyone who is going through this process to put your mind at rest and employ Kelly’s services".

Mr S, Southampton

Whether or not to begin the divorce process is a difficult decision, and deciding to consult a family law solicitor can be the hardest step to take.  Even if you are not sure what you want to do, we can offer valuable, impartial advice in an initial meeting which will help you work things out.

These are some things to consider, when coming to see us, to make sure you get the best out of the meeting.

There will be a lot you wish to discuss, and there will be a lot to take in. Leave plenty of time to get all of your thoughts together and make sure you don’t have to rush off anywhere.  You will find it difficult to focus if your eye is on the clock.  Also, allow yourself some time after the meeting to reflect on what’s been said.  Maybe sit down for half an hour. Continue reading

A guest blog today by Sarah E.Clarke, Child Psychotherapist

Divorce and separation are incredibly difficult, but Christmas can be particularly hard to navigate, especially for children.  The pressure to have a lovely time can create its own problems.

However there are things you can do to make everyone’s lives a little easier.

You don’t have to carry on as normal

My children’s father and I separated in September 2010. Our daughters were aged four and one. For me, divorce felt inescapable but I was determined to make it as amicable as possible. I think my ex may have carried the hope that we could still work things out and this combination of idealism and fantasy meant that we agreed to spend Christmas together, “as normal” which meant going to stay with his parents.

This was a terrible idea and one I would hesitate to recommend to anyone. When you are caught up in the horror. Continue reading

Another testimonial received today

"Very good advice from Amanda.  Regular updates on progress.  'No Nonsense' approach".

Mr SL

The divorce rate amongst older couples, the so called Silver splitters, is growing year by year.   Divorce overall is in decline but older people are bucking the trend. In the same period, the number of men divorcing aged 65 and over went up by 23% and the number of women of the same age divorcing increased by 38%.

(Source: ONS Statistics July 2017)

We can look at several reasons why this might be the case.  Firstly, people are living longer and are expected to be in good health well into their later years.  The whole ‘in sickness and in health, til death do us part’ promise can suddenly seem like a lengthy commitment.  Financial security is also an issue.  Now that new rules allow people to cash in their pension pots on retirement, and with many baby boomers sitting on substantial equity in their homes, many couples no longer feel forced to stay together. Continue reading

When a couple divorce, traditionally the children have to split time between their parents’ houses, either for half or part of the week. Bird’s Nest arrangements are growing in popularity and can be a sensible and successful solution; the children remain in the family home, and it is the parents who do the moving.

It’s already quite popular in the States, and if you’ve regularly watched Billions or The Affair, then you’ll have seen it in action.

How does birds nesting work?

Quite simply, the children stay put.  One bedroom, one set of toys, one X Box.  When it is time, one parent moves out and the other parent moves in. This can be the original family home, or a parent’s new home, depending on the settlement.

The living arrangements can work in several ways.  Often, the children remain in the family home, and then each parent either has their own smaller property, or. Continue reading

Cohabitation is increasingly popular in modern society where more and more couples are deciding that the traditional bonds of marriage are either too expensive, too formal, too restrictive or are simply unnecessary. It is often the case that couples who cohabit don't even consider the legal implications of their partnership and of those that do, many assume — wrongly as it turns out — that in the event of separation, they will be legally protected because they are in what is known as a "common law marriage". In reality, no such thing actually exists, or at least it is not legally recognised.

In fact, separation cases where couples have not been married can be very complex, especially if the couple in question have children.

Where children are concerned...

Mothers automatically have what is known as Parental Responsibility (PR) for their children. Fathers will also have PR in cases where they are married to. Continue reading

What are the legal implications of the Decree Absolute being granted?

There are 3 main stages to the divorce procedure in England and Wales and the final stage is the Decree Absolute. The Decree Absolute ends the marriage and once it is finalised, both parties are officially divorced and can remarry. The Petitioner may apply for a Decree Absolute six weeks and one day after the date of the Decree Nisi.

So, what actually changes once the Decree Absolute has been granted? Here we outline the legal implications...

* Inheritance

Once divorced, you will no longer inherit from your former spouse. If you haven't already done so, it is important that you change your will to ensure that your wishes are enacted upon your death. If your ex-spouse leaves you anything, still identifying you as their spouse, and they subsequently die, it will be as if you pre-deceased them and the bequeathment will be. Continue reading

If you separate from your partner and are not married but do have children, it’s important to gain a detailed and accurate understanding of what your rights are as soon as possible.

Do you have parental responsibility?

In England and Wales, fathers have parental responsibility for their children if their name is on the birth certificate and the birth was registered after December 1st 2003. You will also have responsibility if there was no father listed before this date but you were added later, or if you have signed a Parental Responsibility Agreement. You may also be given a parental responsibility order by a court, or a Residence Order that says that the child can live with you. You will gain it if you go on to marry the mother, but you won’t automatically be given it if their mother dies and you are not married. If a civil partnership ends,. Continue reading

A divorce for civil partners is called a dissolution. For the process to be successful, there has to be no hope of reconciliation so if you believe this to be the case, please get in touch. You may be able to cut the cost of a dissolution by opting for a fixed fee service – this may be right for you if you don’t think there will be any objections from your former partner.

Fixed Fee Dissolution as the Petitioner

Are you the petitioner? Is your partner likely to consent to the dissolution and its content? If so, you may wish to opt for the Fixed Fee Dissolution as the Petitioner service. If you think your partner may object to the dissolution, this doesn’t mean we cannot help you – simply get in touch so we can talk to you about what to do next. We can complete all the Court paperwork. Continue reading

Break-ups can be expensive, whether you’re married or cohabiting. If you’re unmarried and your partner has left home and stopped paying bills they have contributed to creating, chances are you’re in a state of panic and are wondering what to do next. One of the most important things to do in this situation is to find out exactly where you stand legally and see if there is anything you can do to resolve the problem. It’s always best to challenge any financial issues stemming from the end of a relationship immediately rather than waiting for your problems to worsen. Prioritise your debts If you don’t currently have the cash you need to pay all your bills, make a list and prioritise your debts. The most important debts usually include rent, mortgages, council tax, gas and electricity as these are the debts where non-payment or late payment could lead to the biggest consequences.. Continue reading

In essence, what a prenup is to getting married, a cohabitation or living together agreement is to living together. A living together agreement is as it sounds: a simple agreement that protects assets that were acquired before you began to live together. It also details how you will share any assets and debts acquired whilst living together, and often includes how you will share the costs of cohabiting.

Living together agreements can cover everything from physical property to financial assets, from child support to who gets to keep the cat. It isn't very romantic, but it can save a lot of heartache, not to mention a lot of money paying for a costly court case if it all goes wrong and you're totally unprepared.

What does a standard agreement say?

A standard living together agreement tends to specify the following:

* that pre-living together assets such as the home they share remain the. Continue reading

There is no such thing as a typical divorce, any more than there's any such thing as a typical couple or a typical child, so there is no magical formula for making co-parenting work. There are, however, some general truths to which divorcing parents should adhere to give themselves and their children the best chance of getting through the split unscathed:

If one parent wishes to relocate with their child, it can become particularly difficult for the parent left behind. When it comes to the law surrounding relocation following a divorce, the concept of Parental Responsibility is key.

What is parental responsibility?

Parental Responsibility is 'all rights, duties, powers, responsibilities and authority' which a parent has in relation to their child. When a child is born, the mother is automatically accorded parental responsibility, as is the father if he is married to the mother at that time. In cases where the parents are not married, but the father is registered on the birth certificate and the child was born after December 1 2003, he will also automatically acquire parental responsibility. Otherwise it can only be acquired through agreement with the mother or by a court order.

Put simply, parental responsibility refers to the power of the parents to make decisions on behalf of. Continue reading

Although they clearly have your best interests at heart, there are a number of reasons why you shouldn't take the advice of those closest to you when it comes to the matter of your marriage and its break-up. It's important to remember that no two divorces are the same and what may have happened in your best friend's case may not apply to your own circumstances, even if your circumstances seem identical.

Here are the three most important reasons your friends and family might not know what's best for you:

They may not know everything

If you're particularly close to your family and friends, and even if you feel like you tell them everything that's going on, they really don't know everything. The only person who can possibly understand how your divorce feels for you is you. Your soon-to-be ex-partner comes a close second, but your family or friends have a very different. Continue reading

Another lovely testimonial from a recent client

"Service was tailored to individual client need with little/no jargon used.  Friendly, contactable and supportive throughout.  An absolute credit to the law profession.

After 30 years of marriage the word divorce sent shivers down my spine. The sheer worry of what to do and what's to come resulted in sleepless nights until a family member recommended Amanda Weaver at New Leaf Solicitors.  With my lack of knowledge around law Amanda took control of my situation and gave reassurance that there will be "light at the end of the tunnel".  Her communication was fluent and tailored to my level. Amanda has great determination to get the right results for her clients".

Mrs JP.

Currently, in order to divorce one spouse, the Petitioner must show that the marriage has broken down irretrievably.  The breakdown must be as a result of one of the following five reasons;

* adultery

* unreasonable behaviour

* desertion

* two years separation with consent to divorce

* five years separation

The law insists: someone is to blame...

The law as it stands states that if a couple have not been separated for two years then they can only divorce based on adultery or unreasonable behaviour. This can be incredibly upsetting for a couple that have agreed that they would be better off apart and that this is nobody's fault. In essence, the law insists that someone is to blame, when very often this is simply not the case.

If a couple is insistent that neither party is to blame for the breakdown of their marriage, they must wait for at least two years to start divorce proceedings.. Continue reading

In the past five years, we have seen a remarkable increase in the number of instances in which Facebook, and other social media sites such as WhatsApp, Twitter and Instagram, have been cited in divorce proceedings.

The fact is that use of social media is now such a large part of many of our lives that when a relationship is in trouble, online activity frequently becomes a bone of contention. One aspect of using social media which causes tension is keeping in contact with ex-partners.

There has also been a raft of recent research commissioned that has revealed some startling statistics. One particular survey of 2,000 married UK residents brought to light the following;

* 15% of those questioned believed that social media posed a danger to their marriage

* around 25% said they argued with their partner at least once a week because of social media use

* for 17%, such arguments were a. Continue reading

It's not true that there is no such thing as a good divorce. Although any separation is a cause for some sadness, it's also clear that when the couple in question is on friendly terms and doing everything in their power to base the divorce process on fairness and cooperation, then the experience can be tolerable, or even harmonious.

 1.  Commit at the outset to breaking up amicably. Essentially, any break-up is as amicable as both partners want it to be. Obviously, if the split is something that both partners want equally, then the chances of keeping it civil and cooperative are much, much higher. If one partner wants it less, then keeping everything on good terms becomes much harder. Just remember that you have nothing to gain by making things more difficult than they need be, and if you make things hard for your partner, you're also making them hard. Continue reading

At the beginning of every year you see the same old stories appearing in the media and declaring unequivocally that January is 'Divorce Month', when more divorces are filed than at any other time of year. But is there actually any truth in it? The short answer, unfortunately, is yes. Research carried out by various law firms has found much evidence to support it.

One found that 1 out of every 5 couples plan to separate following one final Christmas together as a family, whereas all solicitors report a rise in the number of divorce instructions in January compared to the rest of the year's monthly average, often an increase of between 25 and 30%.

What is it about Christmas that spells the end for so many couples?

Many people may be familiar with the strains that Christmas has on your average family. Even if you're the most content family unit and the. Continue reading

Thank you to another client for a lovely testimonial.....

"Thank you for your professional skills and personal manner over the last few months.  You came greatly recommended and I'm very glad I chose you to act on my behalf.  The whole matter was dealt with so efficiently; Your approach was second to none.

I have since recommended to you people who would benefit from your level of service and ability, and will continue to do so".

Mr W

Amanda was absolutely brilliant and very clear throughout the whole process.  It really made a difference being able to talk and trust your solicitor when going through the divorce process.

Mrs B

Another positive testimonial

Due to the other side's very slow responses it took nearly a year to get things moving.  During that time Amanda provided regular updates and pushed when it was needed in the end.  The rest of the process was as smooth and painless as could of hoped.  Amanda was considerate and patient and very consistent on updates and advice when needed.

Mr H

Some kind words from a client:

Amanda, you were always so kind and I liked the fact that, even though you are very professional I found you easy to talk with and that you had a sense of humour.

Mrs H

I found Amanda very easy to deal with throughout my divorce process.  She responded quickly to my requests and understood what I wanted.  She dealt with any correspondence from the other party efficiently and took my views into account wherever possible.  Very happy to recommend her.

IanM

Another kind testimonial today;

I would like to thank you for the work you have performed on our behalf over the YEARS , all with a sense of humour, which was really needed at times, but with the necessary professionalism required in what is in reality a serious matter.  It was a real pleasure working with you despite the arduous nature of the "journey".  Many thanks.

Mr PW

Very happy with all aspects of the service!  Would recommend New Leaf to anyone!  Thanks again Amanda for all your help.

Mr PG

You have decided that you need some legal advice as there are problems with your spouse or your partner. Here are some helpful hints to help you in making the best out of your first information gathering meeting.

1. Choose a solicitor who specialises in family law.  Someone may have been recommended to you or you can search the Law Society's website under their Find a Solicitor page and this will detail the solicitor's years of experience, which areas they specialise in and whether they are accredited specialists such as being a member of the Family Law Accreditation Scheme.  Our Amanda Weaver is a member of the Family Law Accreditation Scheme.  You can also search the Resolution website which is an organisation of family lawyers.  https://www.resolution.org.uk/

2. Booking the appointment.   Try to book the appointment when you are free to spend as long as you may need with the solicitor.  There's little point booking an. Continue reading

Amanda Weaver the principal solicitor has a vast and in depth understanding of family law.  New Leaf Solicitors offer tremendous guidance in family law case proceedings.  In my experience they are therefore able to offer clients superb advice, guidance and direction in order to find resolutions in family disputes that may lead to court proceedings.

New Leaf Solicitors always worked quickly, efficiently and promptly on the case.  The advice and direction given and the work undertaken on my case was always of the highest standard.

I am very grateful to New Leaf Solicitors for the work they undertook over a long period of time to help to bring about a resolution concerning my family law dispute which ended in court proceedings.

Mr A

Amanda Weaver was the most kindest person and very caring with my case.  She helped me out with my case all the way.  She was always there for me by phone or in person and I would recommend Amanda to anyone.

Mrs TH

I wanted to say thank you for the professional way that you dealt with my recent divorce.  You were very helpful and supportive during a difficult time.

The divorce took just over 6 months from start to finish and you kept me up to date with every step of the way.  You gave me a quote and came in on budget which was very much appreciated.

I have recommended you already and will have no hesitation in doing so again.

Mrs M

Amanda handled the details for my Divorce with such care and in such a professional manner that it made the whole process extremely easy.  She brought to my attention details that I had not yet considered and took my instruction with the utmost respect.  She kept me informed of every step and I felt completely comfortable leaving the whole process in her capable hands.

Thank you Amanda!

Mrs SC

Amanda was great at explaining everything that was going on and taking me through the process in a step by step way. My divorce was handled in a thorough, timely and thoughtful way and I would thoroughly recommend New Leaf Solicitors

- Christian, Kingston upon Thames

Another lovely testimonial received today

"Amanda was extremely helpful, friendly and knowledgeable.  I couldn't recommend her enough.  Made a very difficult time a lot easier knowing it was dealt with by someone very good at her job".

Mr NB

There was an interesting article today about a study which reported that people who have been through a divorce are as healthy as couples in stable marriages.

The study by researchers from the University College London institute of education, London School of Economics and London School of Hygiene and Tropical Medicine revealed that separation and divorce and remarriage might not be as bad for your health as previously thought.

Lead author Dr George Ploubidis, a population health scientist at the institute of education, admits he was surprised by the results. Previous studies have shown that relationship breakdowns can have a negative impact on health.  He said: “I think the results we found are very interesting. We expected that when you have a lot of transitions in life, you have worse health but actually transitions such as separation and divorce do not have a long-term effect.”

Ruth Sutherland, the chief executive of Relate said: “This. Continue reading

We are looking to recruit an experienced family law solicitor on a fee sharing basis. Ideally you will have at least 10 years post qualification experience and be a member of Resolution or have accredited status through Resolution or the Law Society.

This is a great opportunity to be your own boss but have the support of a firm behind you to help with accounts and compliance. You can work here the hours that suit you and work from home.

If interested please send your cv and covering letter to Amanda Weaver at [email protected]

Another positive testimonial received from my client today

"Thank you so much Amanda for making a very difficult and emotional situation run so smoothly"

Mrs R. N.

I read an interesting and unusual article this week from the Law Society recommending couples who have pets to have a pet-nup, ie a pre-nup for their pet.

The leading pet charity Blue Cross conducted some research and found that over one in four divorces include a dispute over pets.  Dogs and cats are the most fought over pets followed by horses, rabbits and guinea pigs.

'Solicitors are usually the first port of call for people who are divorcing so perhaps we are a little on the cynical side – but we see the problems caused when relationships break down acrimoniously and it's usually costly, stressful and emotionally draining for both parties.

'Pets are part of the family so it makes sense to think about their welfare.'

Alyson Jones, rehoming development manager at Blue Cross, where many pets are rehomed following relationship breakdown, said:

'At our rehoming centres. Continue reading

A testimonial received from a client today;

“I found Amanda to be very approachable, she put things into layman’s terms so as to simplify the legal jargon.  Thank you for your help in settling my divorce.”  Mr Timms

You have decided that you need some legal advice as there are problems with your spouse or your partner. Here are some helpful hints to help you in making the best out of your first information gathering meeting.

1. Choose a solicitor who specialises in family law.  Someone may have been recommended to you or you can search the Law Society's website under their Find a Solicitor page and this will detail the solicitor's years of experience, which areas they specialise in and whether they are accredited specialists such as being a member of the Family Law Accreditation Scheme.  Our Amanda Weaver is a member of the Family Law Accreditation Scheme.  You can also search the Resolution website which is an organisation of family lawyers.  https://www.resolution.org.uk/

2. Booking the appointment.   Try to book the appointment when you are free to spend as long as you may need with the solicitor.  There's little point booking an. Continue reading

Another happy client;

"I was very pleased with the service Amanda provided me. I found her open, honest and very approachable.  She made the difficult experience of divorce matters that bit easier to go through.  I would highly recommend her to anyone"

Mrs M

It is Family Dispute Resolution week during 24 to 28 November and Resolution is promoting the benefit of fixed fees. Many of you may also know that legal aid is no longer available in divorce cases.  There are some exceptions such as there having been domestic violence but in the main those who would have previously been able to claim legal aid or Legal Help as it was called will no longer be able to do so.

For those people who are on a tight budget they face two options, they either act for themselves or they pay a solicitor to act for them.

The divorce process can be a minefield and you should always get legal advice on what your options are and what is best for you. The divorce petition may look like a simple document but one mistake could be a very costly one.  You may not be saving yourself money. Continue reading

A better way to divorce

Divorce is devastating. But it doesn't have to be. There is a better way for you, your family and your children, which family law organisation Resolution is highlighting as part of Family Dispute Resolution Week 24-28 November. www.resolution.org.uk

Please contact Amanda Weaver who is a member of Resolution for advice on any aspect of divorce or family law.

I read an interesting and unusual article this week about 180 divorce petitions being dismissed in what has been called 'industrial scale' fraud.

It was only after an eagle eyed member of court staff noticed that two divorce petitions involving Italian parties gave the same address as their place of residence.  After a bit of detective work it transpired that this address was just a post office box and no one could actually reside there and yet 180 divorce petitions across the country had gave this address as their place of residence in England and thus they claimed habitual residence in this country enabling them to divorce here rather than in Italy. All the divorces were orchestrated by one person who charged quite hefty fees to deal with the proceedings.

It seems that the motive in claiming habitual residence in this country rather than divorce in Italy is because the divorce process is. Continue reading

I read an interesting article this week which featured how to get divorced whilst staying in a luxury spa or having a divorce party complete with a coffin cake or having a make over.  At New Leaf Solicitors we can't (unfortunately) offer you spa treatments or a cake but we can provide you with clear legal advice at a time that suits you and your budget so that you can save some pennies for a party or make over once the divorce process is over.  If you just want some initial advice come in for a meeting and we can discuss your options.

Full article -  www.telegraph.co.uk/women/sex/divorce/11077358/How-to-get-divorced-in-style.html

"I chose New Leaf Solicitors primarily because they are a local company located in an easily accessible location with good free parking.  Their offices are located in a converted Victorian school which provides a good setting for meetings.

In the past I had dealt with large 'corporate' solicitors who can be impersonal, New Leaf Solicitors are the opposite and make you feel like a person, Amanda is very pleasant to deal with and explained the 'legal jargon' in a way that I could easily understand.   She is also very easy to contact via phone and email and kept me regularly updated on progress of the case.

I received a cost estimate after our initial meeting and was regularly updated with invoices as the case progressed to its conclusion.

I would definitely recommend New Leaf Solicitors".

M. Crozier.

Another lovely client testimonial.

More than half (58%) of all parents who attended Court in 2013/2014 represented themselves in the proceedings, ie they did not have a solicitor to represent them, according to a Freedom of Information request of the Court service.

The increase of parents representing themselves is due to the fact that legal aid is no longer available in most family law cases.  Over half of the litigants were mothers who represented themselves.

Family law is sophisticated in that one size does not fit all.  If you are experiencing problems regarding the contact or living arrangements for your children you should get some legal advice with a view to an agreement being reached without the need for court intervention. If Court proceedings are necessary then we can advise you on the process and help you prepare your case.  If you are on a tight budget and do not have the funds for representation in. Continue reading

I read an interesting article this week about a study conducted by Boston University on the link between those who use social media and in particular Facebook are more likely to leave their spouse.

This article had some resonance with me as I hear the word 'Facebook' mentioned quite often by clients when discussing potential options for a divorce.  I have learned that so many Facebook users have open profiles and so their comments and photos are available to anyone and they are not cautious about what they type.  Clients have discovered their spouses have cheated on them by doing a bit of detective work on Facebook and finding photos of nights out they didn't know about or comments by another which confirms their suspicions.

Some clients are unhappy because former partners or new partners are making derogatory comments about them which they can view as they still have permission to access. Continue reading

You have decided that you need some legal advice as there are problems with your spouse or your partner. Here are some helpful hints to help you in making the best out of your first information gathering meeting.

1. Choose a solicitor who specialises in family law.  Someone may have been recommended to you or you can search the Law Society's website https://solicitors.lawsociety.org.uk under their Find a Solicitor page and this will detail the solicitor's years of experience, which areas they specialise in and whether they are accredited specialists such as being a member of the Family Law Panel.  Our Amanda Weaver is an accredited specialist in family law.  You can also search the Resolution website which is an organisation of family lawyers.  https://www.resolution.org.uk/

2. Booking the appointment.   Try to book the appointment when you are free to spend as long as you may need with the solicitor.  There's little point booking an appointment when you have. Continue reading

Another great testimonial;

Amanda was efficient and gave very good advice.  She dealt with my straight forward case well and was not pressurising but helped me to reach decisions in a sensible way.  Really impressed and would certainly recommend her.

Mrs JP

Law Commission’s Report on Matrimonial Needs, Property and Agreements

The much awaited Report has now been published and it includes a set of measures to make it easier for couples to manage their financial arrangements on divorce or at the end of a civil partnership.  The measures are

The Report identified that there are regional differences to how the Courts approach orders for financial needs and this makes the outcome unpredictable.

The Law Commission recommends that there should be an authoritative guidance on financial needs which would enable couples to reach an agreement that recognises their financial obligations to each other.

The Law Commission also recommends that there should be a study into whether a workable non statutory. Continue reading

According to the Office for National Statistics the number of divorces in England and Wales in 2012 was 118,140, an increase of 0.5% since 2011, when there were 117,558 divorces.

According to the report, the number of divorces declined between 2003 and 2009 from 153,065 to 113,949 followed by a 4.9% increase in 2010. The number of divorces has remained relatively stable since 2010, fluctuating just below the number recorded in 2010.

Further key findings include:

A woman who married her wealthy husband in the 1970s and divorced him in the 1990s has been awarded £6 million, nearly half of his £13.6 million fortune.  Even after they divorced they carried on living together but he started a relationship with another woman five years ago and she and her 12 year old daughter moved into the former matrimonial home.

In the Family Division of the High Court, Mr Justice Bodey said that the couple had treated the divorce as ‘just a piece of paper' and carried on living together as if there was ‘no distinction' between their life before and after the divorce.

However, he asked that his ex-wife stay in the home ‘as some sort of housekeeper' which the former wife, in her 50's, found ‘very demeaning and upsetting.' The husband also threatened to commit suicide or go on hunger strike if the former wife took him to court. Continue reading

Back by popular demand!  If you have any questions on a family law issue you can tweet @NewLeafSols on Thursday 23rd January between 12-2pm where I will be available to answer any questions.  You can send me a direct message if you prefer to keep your question private and I will reply directly to you.

Women and Equalities Minister Maria Miller has announced that the first same sex weddings in England and Wales will be able to take place from Saturday 29 March 2014.

Following the Marriage (Same Sex Couples) Act 2013 successfully completing its journey through Parliament in July 2013, the first same sex weddings can now happen several months earlier than anticipated, subject to Parliament's approval of various statutory instruments, to be laid in the new year.

Maria Miller said:

"Marriage is one of our most important institutions, and from 29 March 2014 it will be open to everyone, irrespective of whether they fall in love with someone of the same sex or opposite sex.

"This is just another step in the evolution of marriage and I know that many couples up and down the country will be hugely excited that they can now plan for their big day and demonstrate their love and commitment to each other by. Continue reading

A survey of Members of Parliament has revealed that 69% agree there is a mistaken belief in the existence of ‘common law marriage’ and that 57% believe the law needs to be changed to provide greater protection for unmarried couples upon separation.

The survey was commissioned by Resolution and it reveals that cohabitation is the fastest growing family type in the UK, yet there is little or no protection for couples should they separate. In 2012, there were 5.9m people cohabiting in the UK, double the 1996 figure.  Responding to the survey's findings, Steve Kirwan, who leads Resolution's work on cohabitation, said:

"This poll of MPs confirms the findings of a public survey in 2008, in which 51% of respondents believed, incorrectly, that cohabitants had the same rights as married couples"

For advice on Living Together Agreements or your potential claims upon separation from your partner please contact Amanda Weaver by email or telephone.

The average age of men forming a civil partnership in the UK in 2012 was 40 years, while for women the average age was 37.6 years. These figures represent a small decrease in average ages in comparison to 2011.

Figures from the Office for National Statistics also showed that same-sex female couples are more likely to dissolve civil partnerships than men.  This is borne out in divorce proceedings, with more women than men filing for divorce.

For advice on dissolution or divorce proceedings please contact Amanda Weaver on [email protected] or 01788 555042.

Research undertaken by Kingston University in London has found that women become much more happy and satisfied with their lives after their divorce.

The study published in the journal Economica showed that women are significantly more content than usual for up to five years following their divorce, even more so than their own average level of happiness throughout their lives.

The study surveyed 10 000 people in the UK between the ages of 16 and 60. The participants were asked to rate their happiness after major milestones in their lives.  Men also felt happier after their divorce but the increase was not so marked.

The Director of the study Professor Yannis Georgellis commented "One possible explanation could be that women who enter into an unhappy marriage feel much more liberated after divorce than their male counterparts".

For advice on divorce or separation please contact Amanda Weaver on 01788 555042 or [email protected]

Back by popular demand!  If you have any questions on a family law issue you can tweet @NewLeafSols on Thursday 5th September 2013 between 12-2pm where I will be available to answer any questions.  You can send me a direct message if you prefer to keep your question private and I will reply directly to you.

I read an interesting article today from Family Law Week that I thought I would share with you.  The full article can be found at https://www.familylawweek.co.uk/site.aspx?i=ed115455

An extract of the article "The new Child Maintenance Service (CMS) has opened to new applicants with two or more children.  The government is investing up to £20m into support services for separated families, after over half of those surveyed in the CSA said they could come to their own arrangements with the right help and support. The CMS is designed to target the most difficult cases. It will be able to use new enforcement fines to encourage parents to pay what they owe".

If you are having problems regarding child maintenance payments or contact with your children please contact Amanda Weaver on 01788 555042 or [email protected]

You have decided that you need some legal advice as there are problems with your spouse or your partner. Here are some top tips to help you in making the best out of your first information gathering meeting.

1. Choose a solicitor who specialises in family law.  Someone may have been recommended to you or you can search the Law Society's website https://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=solsearch.law  under their Find a Solicitor page and this will detail the solicitor's years of experience, which areas they specialise in and whether they are accredited specialists such as being a member of the Family Law Panel.   You can also search the Resolution website which is an organisation of family lawyers.  https://www.resolution.org.uk/

2. Booking the appointment.   Try to book the appointment when you are free to spend as long as you may need with the solicitor.  There's little point booking an appointment when you have to dash off after 20 minutes to pick the. Continue reading

On the 17th July 2013 The Marriage (Same Sex Couples) Bill received royal assent and this means it has now become law.  It is predicted that the first same sex marriage will take place in summer 2014.

This legislation will introduce civil marriage for same sex couples, and enable religious organisations to opt in to conduct same sex marriages if they wish to do so.

The Act will also enable civil partners to convert their partnership to a marriage and would enable married transsexual people to gain legal recognition in their acquired gender without having to end their marriage. However this will follow later than summer 2014 as it will take government departments longer to implement all the necessary processes.

The rate of separations between couples in their 50s and 60s the so called 'silver splitters' has increased, according to a report by the charity Relate.

The Report, Will you still love me when I'm 64?  shows that people born post war between 1946 and 1964 will be the first generation where the norm will be living alone.  The number of over 60's getting divorced is increasing each year; 15275 in 2011, 13554 in 2010.

Relate's Chief Executive Ruth Sutherland said "Retiring is a good time to think about your relationship, is it ready for the changes that later life can bring?  People often don't seek help until things are going badly wrong in their relationship and we're encouraging people to invest early to get the most out of their old age.  This report shows us that there are three pillars to a good later life, health, financial security and good personal relationships, yet relationships are largely missing. Continue reading

In October last year I posted an article regarding the Court of Appeal decision in the case of Petrodel Resources Ltd and Others v Prest and Others [2012] EWCA Civ 1395 that held that properties owned by a company of which the husband owned did not 'belong' to him and therefore his wife had no claim against them in their divorce proceedings.

The wife appealed to the Supreme Court and their judgment has been delivered today.  The question of the appeal is whether the Court has power to order the transfer of these properties to the wife given that they legally belong not to the husband but to his companies.  The Court held that the Matrimonial Causes Act 1973 confers a distinct power to disregard the corporate veil in matrimonial cases.  The properties were held by the husband's companies on a resulting trust for the husband and were accordingly "property to which. Continue reading

If you have any questions on a family law issue you can tweet @NewLeafSols on Thursday 13th June 2013 between 12-2pm where I will be available to answer any questions.  You can send me a direct message if you prefer to keep your question private and I will reply directly to you.

If you have any questions on a family law issue you can tweet @NewLeafSols on Thursday 23rd May 2013 between 12-2 where I will be available to answer any questions.  You can send me a direct message if you prefer to keep your question private and I will reply directly to you.

If you are thinking about divorce or separation an initial meeting to discuss your options can really help put your mind at ease.  You should know what options are available to you and what your potential claims regarding money will be so that when you and your partner or spouse discuss ending the relationship you will know what you are entitled to and how best to proceed.

We can see you outside of office hours, if you wish as we understand that you may not be able or want to take time off work during the day.  If you want an appointment at the weekend we can book you in.

We also have Skype so you can have a face to face meeting without the need to travel to our office.

Our office is in Rugby and we are ideally situated for clients who live in Daventry or Coventry or in the surrounding villages.

An. Continue reading

If you have any questions on a family law issue you can tweet @NewLeafSols on Thursday 18th April 2013 between 12-2 where I will be available to answer any questions.  You can send me a direct message if you prefer to keep your question private and I will reply directly to you.

From 1 April 2013 legal aid will no longer be available in divorce cases.  There are some exceptions such as there having been domestic violence but in the main those who would have previously been able to claim legal aid or Legal Help as it was called will no longer be able to do so.

For those people who are on a tight budget they face two options, they either act for themselves or they pay a solicitor to act for them.

The divorce process can be a minefield and you should always get legal advice on what your options are and what is best for you. The divorce petition may look like a simple document but one mistake could be a very costly one.  You may not be saving yourself money in the long run if you don't seek advice at the outset.

We offer a budget friendly fixed fee service for a. Continue reading

More and more couples are choosing to live together rather than getting married. The problem though is upon separation cohabiting unmarried couples do not have the same claims against each other as married couples do. For some this may be the appeal as they do not want their partner to have any claims against their assets should the relationship fail but for others they may THINK they have similar claims to married couples when they don't.

If you own your home in your sole name and your partner moves in with you it would be sensible to have a Living Together Agreement drawn up and this puts the financial arrangements on a more formal footing.  The Agreement will set out who is responsible for paying the mortgage and household bills and sets out what happens to the property in the event of a separation - does the non legal owner have a share in. Continue reading

A divorce is the process of dissolving a marriage.   A dissolution is dissolving a civil partnership (same sex marriage).

The person starting the divorce is called the Petitioner and the spouse or partner is referred to as the Respondent.

The Petitioner must prove that the marriage has irretrievably broken down, ie there is no hope of reconciliation.  The Petitioner must show the irretrievable breakdown by one of five ways.  They are

The Petitioner or we as your solicitor will complete the divorce petition setting out the reason for the divorce.  If there are children of the family a Statement. Continue reading

There is a long standing principle that pre nuptial agreements are not binding in England & Wales.  However there has been a shift in the Courts attitude to pre nuptial agreements and in the case of  Radmacher v Granatino one Judge commented "the old rule that agreements providing for future separation are contrary to public policy is obsolete and should be swept away".

In the judgment for this case the Judges commented on what factors would give greater weight to a pre nuptial agreement.  They are;

Edward Timpson the Children's Minister has announced the Government's response to a consultation on amending the Children Act 1989 to a presumption of 'shared parenting'.

The consultation invited views on the Government's plans to introduce legislation that sent 'a clear signal' on the importance of shared parenting and the options for strengthening the enforcement measures available to the courts in dealing with breaches of Court Orders concerning children.

One option proposed is that the court's starting point in making decisions about children's care is that a child's welfare is likely to be furthered through involvement with both parents.

Mr Timpson wrote to the House of Commons Justice Select Committee stating that "the system is too adversarial, with courts seen as creating 'winners' and 'losers'.  It is vital that both mothers and fathers feel confident that the court will consider fully the benefits of their involvement."

The Law Society responded that the Government's intention to. Continue reading

The Court of Appeal has given judgment in the case of Petrodel Resources Ltd and Others v Prest and Others [2012] EWCA Civ 1395 with a decision that many family solicitors have found disappointing.

When the case was first heard the Judge ordered the husband to transfer to his wife as part of the divorce proceedings, several properties in London.  The Judge found that the London properties were 'property' to which the husband was entitled to as the assets held within the companies were effectively the husbands property.

The Court of Appeal did not share the same view as the first Judge and allowed the husbands appeal.  The Court of Appeal held that the fact that the husband was nearly a 100% shareholder in the companies did not mean that the companies' property belonged to him.  One judge Rimer LJ stated that it is not open to the Family Division Judges to make an. Continue reading

To Amanda

You were really helpful to me and I like your approach.  I want to thank you and let you know how genuinely grateful we are that you came to my aid in such a ridiculously short space of time!  Thank you Amanda I would not have made it through court without you.

Miss Smith

According to the Office for National Statistics there is a significant increase, 34% in the number of cohabiting couples with dependent children in the ten years to 2011.  The Report says that the number of cohabiting families with dependent children increased by 292,000 whilst married couples with dependant children fell by 319,000 in this 10 year period.

The Report suggests that rather than cohabitation being a 'trial run' before marriage it is a replacement for marriage.

The research shows a shift in attitude from the more traditional view that couples should be married before having children.

The Report also acknowledged that cohabiting couple families appear to be less stable than married couple families as there is a higher proportion of all family breakdowns involving young children from unmarried parents.

Those participating in the survey were also asked about their understanding of legal rights of cohabiting couples compared to married couples.  Over a quarter questioned. Continue reading

Thank you to New Leaf Solicitors.

Amanda not only explained every step she would take in a straight forward way that I could understand, she kept me regularly updated on what was happening. Her manner is not only highly professional and efficient but she is friendly and extremely sensitive to the stress that legal cases can cause to the individual. I really believe that you have made the whole situation so much easier. I would highly recommend Amanda to anyone needing an excellent solicitor. Mrs Harrison

Christmas may seem a long way away but if you have not yet made the arrangments with your ex partner for contact with your children you should start to discuss the arrangements now.

Many separated couples are able to agree the arrangements for the absent parent to have contact with their children on a regular basis throughout the year and the specific arrangements for contact over the Christmas and New Year period.

Unfortunately some separated parents are unable to agree the pattern of contact and if you are one who has yet to firm up the arrangements over Christmas you must start thinking about it now.  Leaving it to December can be too late especially if court proceedings are necessary.

If you want contact with your children over Christmas and your ex partner says no or is offering less contact than you would like you should seek legal advice.

The first step is always. Continue reading

Following its 2012 consultation on marital property agreements ("pre nups") The Law Commission has launched a supplementary consultation paper examining the different aspects of law relating to the financial consequences of divorce and of the dissolution of a civil partnership.

The consultation will consider the law relating to what extent one spouse should be required to meet the other's financial needs, and what exactly is meant by needs; and what happens to property that one of the partners owned before the relationship or acquired during the course of it.

The recent reforms to legal aid will inevitably mean that there will be more litigants in person and therefore the Law Commission is looking at ways to simplify the process of dividing a couples assets and income.

The consultation paper also asks  "whether financial support should continue to be determined by the court, at the judge's discretion, or whether it should be calculated by reference to a formula,. Continue reading

There is an interesting article in The Telegraph that I thought I'd share with you.  A 'lifestyle guru' to celebrities is being sued by his ex partner who claimed to be his 'common law wife' for a payout following the breakdown of their relationship.

Their relationship lasted 15 years and they had a son together.  The guru Mr Brown owned the home they shared in his sole name and he also had a collection of Jaguar cars and earned royalties from two of his books.  They never married but Ms Brown his ex partner claims to be his 'common law wife'.  She said Mr Brown told her that she need not worry as she was protected as a common law wife and that they both owned 50 per cent of the property and other assets they went on to purchase.  Mr Brown claims he never referred to Ms Brown as his common law wife and. Continue reading

You have decided that you need some legal advice as there are problems with your spouse or your partner. Here are some top tips to help you in making the best out of your first information gathering meeting.

1. Choose a solicitor who specialises in family law.  Someone may have been recommended to you or you can search the Law Society's website https://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=solsearch.law  under their Find a Solicitor page and this will detail the solicitors years of experience, which areas they specialise in and whether they are accredited specialists such as being a member of the Family Law Panel.   You can also search the Resolution website which is an organisation of family lawyers.  https://www.resolution.org.uk/

2. Booking the appointment.   Try to book the appointment when you are free to spend as long as you may need with the solicitor.  There's little point booking an appointment when you have to dash off after 20 minutes to pick the. Continue reading

The divorce process can be a minefield and you should always get legal advice on what your options are and what is best for you. The divorce petition may look like a simple document but one mistake could be a very costly one.

For some couples they both accept that the marriage is over and they both want to divorce. In other words neither objects to there being a divorce in the first place and there is no argument on what is said within the divorce paperwork.  For these couples a fixed fee divorce available online may be suitable.

If you are considering divorce but are not sure and want some advice an initial meeting would explain all the options available to you.  We would tell you whether the fixed fee is right for you or not.  If your ex partner is not in agreement to there being a divorce and there. Continue reading

Since the Civil Partnership Act 2004 came into force in December 2005 same sex partners can form a civil partnership. The number of civil partnerships registered in the UK in 2011 was 6,795, according to a provisional bulletin issued by The Office for National Statistics. This is an increase of 6.4 per cent since 2010.

If civil partners want to end their partnership they can peition for a dissolution, similar to divorce proceedings for married couples. The number of dissolutions in 2011 in the UK has also increased, an increase of 28.7 per cent since 2010.

For advice on civil partnership dissolutions please contact Amanda Weaver by email or phone.

Resolution is an organisation of family solicitors committed to the constructive resolution of disputes.  This means that we seek to resolve disputes in a non confrontational way as this is better for you and your family in the long run.  It will also keep your costs down as its not about point scoring and sending confrontational letters back and forth its about focusing on what you as the client and your family needs without unnecessary conflict.  Our Amanda Weaver is a member of Resolution and understands the difficulties a client may face and adopts a problem solving approach to deal with the issues at hand.

www.resolution.org.uk

Hello this is our first blog post and so this is just a little introduction of who we are what we do and where you can find us.

We are a newly established firm in Rugby specialising if family law and this includes advice on divorce, separation, children and financial issues.

Over the summer months its fair to say that family solicitors are quieter than ususal as many people are going off on their holidays but come early September the number of new enquiries for advice on divorce or separation increases. So for some, a holiday can be a make or break situation. If you are one of those people and want some advice on what a divorce entails and what your options are please come in and see us.

Our offices are at Eastlands Court, St Peters Road, Rugby and here's a picture of our building to help you find us.