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Is a House Owned Before Marriage Classified as Marital Property During a Divorce?

October 12th, 2021|Categories: Family Law Solicitors|Tags: , , , , , , , , , |

Introduction Getting divorced is never easy, but it isn’t just the emotional part that makes it so difficult. After many years of living together, most married couples acquire a lot of belongings, and questions about property, namely is a house owned before marriage classified as marital property during a divorce? Dividing these assets equally can be more than just an inconvenience; in fact, it is often so complex that it requires legal assistance to make sure everything is divided equitably and fairly. Fortunately, a good family lawyer can help you with every aspect of the process, enabling you [...]

What are Child Arrangement Orders?

September 15th, 2021|Categories: Family Law Solicitors|

Child Arrangement Orders Disputes may arise between people regarding aspects of a child’s welfare, especially in the events of a divorce or separation. These may range from matters relating to whom the child lives and spends time with, as well as matters relating to medical intervention, religion and identity. What is a Child Arrangements Order? A Child Arrangements Order (CAO) is a legal agreement regulating arrangements for a child in relation to any of the following: Who the child lives with, spends time with or otherwise has contact with When the child is to live, spend time or otherwise have [...]

Pre-Nuptial Agreements: How are they relevant?

September 8th, 2021|Categories: Family Law Solicitors|Tags: , , , , , , , , , |

Pre-nuptial agreements At Ansham White Solicitors, we regularly prepare and advise our clients on the benefits and disadvantages of entering into a pre-nuptial agreement and its enforceability in the UK and internationally. A pre-nuptial agreement (or ‘prenup’) in the UK is a legal document drawn up between a couple before their marriage to outline how each of their assets will be divided between them in the event of a divorce. Assets including property, debts and income are usually covered in a typical prenuptial agreement to help couples avoid any financial surprises if the relationship were to break down in the [...]

The Implementation of “No Fault Divorce”

September 1st, 2021|Categories: Family Law Solicitors|Tags: , , , , , , , |

The government announced on 7th June 2021 that the Divorce, Dissolution and Separation Act 2020 which was expected to come into force in Autumn 2021 will will be delayed for several months until 6 April 2022.The Act introduces the biggest reform in divorce law for 50 years, enabling couples to issue divorce proceedings immediately without relying on a fault-based petition and without blaming the other party. Below we look at the implications of the UK divorce law reforms and explain how the new no-fault divorce will work in practice in England and Wales. Current Divorce system The current divorce process [...]

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

August 27th, 2021|Categories: Probate and Wills|Tags: , , , , , |

What does the Act do? The Inheritance (Provision for Family and Dependants) Act 1975 enables a select group of individuals to apply to the Court and make a claim against a deceased person’s estate. This is done where they allege that the deceased did not make reasonable financial (or that akin to financial) provisions for them either through a Will or in line with the rules of intestacy (no Will). Who can make a claim? The classes of applicant who may bring a claim is defined under the Act and includes: the spouse or civil partner of the deceased a [...]

Contesting a Will

August 18th, 2021|Categories: Probate and Wills|Tags: , , , , , , |

What happens when a Will is contested?   This is a particularly niche area of law and our solicitors are well equipped to discuss a range of options with you to try and resolve any concerns you may have about the execution of a Will. At Ansham White Solicitors, we see court as an absolute last resort and we Will look to resolve any disputes amicably out of court in the first instance. To start we Will need to establish whether the Will is valid. This is usually by ensuring the document has been signed and witnessed in accordance with [...]

Contentious Probate

March 4th, 2018|Categories: Probate and Wills|Tags: , , , , , , |

Contentious probate, in basic terms, is where there is a disagreement after someone has passed away about the distribution of their estate. The dispute could emerge from the potential beneficiary that the Will didn’t leave them what they felt was their right or were promised.  People also may have concerns regarding the way in which the Will was made. Alternatively there could be other issues sufficient to prove the Will to be invalid. There are a number of things that need to be complied with in order for a Will to be valid. The Will must have been made in [...]

Working Illegally – what are the consequences?

February 3rd, 2018|Categories: Immigration Solicitors|Tags: , , , , , , , |

Where businesses are found to be in breach of their immigration duties, a civil penalty for illegal employment may be issued, the penalty can be up to £20,000 per breach.  This is a huge penalty - many employers may even not be aware that they are running the risk of incurring this penalty! What is the Home Office process for issuing a civil penalty notice for illegal working? Through the civil penalty regime, UKVI ensure employers are compliant with immigration rules by conducting effective Right to Work checks and that all personnel have the relevant permissions to work in the [...]

Does a ‘common law marriage’ exist?

January 17th, 2018|Categories: Family Law Solicitors|Tags: , , , , , , , , , |

Cohabitation is the fastest growing family type in the UK! Most people today shy away from the legal formalities of marriage and many shudder at the possibilities of having to endure a stressful divorce if things don’t work out.  Despite this many people who are unmarried but live with their partners do not fully understand their legal positions and most importantly most people have no idea what rights they would have if they were to separate in due course. Many people who co-habit go on to have children together and even purchase their home. There is a common belief that people [...]

Can I protect my home from care home fees? Should I make a Will Trust?

January 17th, 2018|Categories: Probate and Wills|Tags: , , , , , , , , |

An increasing number of elderly people are being forced to sell their homes to pay for care fees. With the number of 85 year olds set to double by 2030, this is a situation that is only going to get more critical. Under the current system, the local authority will conduct a means test to determine how much you have to pay towards your care. The means test takes into account your income, savings and property. Will my home be included in the means test? Your home will not be counted if it is still occupied by: your partner or [...]

3 reasons why you should update your Will

January 17th, 2018|Categories: Probate and Wills|Tags: , , , , , , , , |

Once you have prepared your Will, it is easy and natural to then put this to the back of your mind. However, many life events occur that may mean you need to reflect and make changes to your Will otherwise it may not reflect your new circumstances. If a small change to your Will is needed this can be done via a codicil but this will need to be witnessed in the same way as witnessing a Will. If significant and numerous changes are needed it may be necessary to prepare a new Will that will supersede the old Will. [...]

Can ‘Unhappiness’ be sufficient grounds for divorce?

January 17th, 2018|Categories: Family Law Solicitors|Tags: , , , , , |

You may or may not have heard about in a recent case of law which has been denied a divorce by the Court of Appeal.  This is a very interesting case where the wife said that the decision had left her trapped in a loveless marriage– seemingly forced to remain married to a husband of 40 years even though the relationship was beyond repair. However, such a situation has happened. The Courts are faced with no choice but to have to make decisions in line with existing laws. It can be argued that in ‘most’ cases the Courts do manage [...]

Cohabitation Disputes

July 2nd, 2015|Categories: Financial, Taxes|Tags: , , , , |

Cohabitation couples are partners who live together but are not married or part of a civil partnership. Although, cohabitation is usually between couples who live together, however, it can also occur between friends. This is becoming more the case recently as house prices have risen and it has become increasingly difficult to purchase solely. As a result people are purchasing houses jointly. The problem is that couples usually make the assumption that because they have been living together for many years, they get automatic legal rights as a married couple would. If a case went to Court, the judge would [...]

Who should make a will?

July 2nd, 2015|Categories: Taxes|Tags: , , , , , , , |

Despite this being an age of complicated financial affairs and intricate family relationships, more than two-thirds of people in the UK do not have a will ready to deal with their affairs upon their death. So why do so many people simply refuse to make one? Below are some of the key reasons why you should strongly consider having a professionally drawn up will to be your top priority. If you care about what happens to your property after you die, you should make a will. Without one, the State directs who inherits, so your friends, preferred charities and relatives [...]