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A Lasting Power of Attorney (LPA) is a legal document which enables you to decide who you trust to make decisions about your finances, property or healthcare, in the event you are no longer able to do so and appoint them as your Attorney.
Age-related issues such as dementia are often the reason that people are no longer able to make such decisions. However, an event such as an accident or illness could also have this impact.
The number of years left on a lease is of huge importance, both to buyers and flat owners, and if you leave it too late you could find yourself with a home that sellers and mortgage lenders avoid like the plague. If you own a leasehold property you have the right to live in that property for a set number of years, but it is the freeholder who usually owns the ground beneath the flat and the building around it. When flats are first built leases are typically for 99 or 125 years but they are not automatically renewed, so in theory, after this time the ownership reverts back to the freeholder. Lower house prices are usually helpful if you're looking to extend a lease as the less your property is worth, the cheaper the lease. But getting in early is crucial as the cost rises the longer you leave it. While this may only account for a few extra hundred pounds every year at first, once the lease falls below 80 years, the cost starts to rise disproportionately because something called ‘marriage value’ takes effect and it could be closer £1,000 extra per year. Buyers become very aware of the increased costs associated with undertaking a lease extension for a flat with less than 80 years remaining. For example, the premium on a flat worth in the region of £300,000 with an 82-year lease would typically be around £6,000, whereas the same flat with a 79-year lease would be around £10,400. The second point is the issue of mortgage finance: lenders are really clamping down when it comes to properties with short leases. You may find that their lending criteria are stricter and that they alter interest rates depending on how many years are left on the lease. They may even refuse to lend completely, so if you wanted to sell, your only options would be to find a cash buyer, or hope for the best at auction. The importance of protecting your leasehold interest is so great that it is even worth borrowing more on your mortgage to pay for it if you do not have the spare cash available. Most lenders are happy to give you a further advance for this because they see it as enhancing the security of their loan. However, if you already have a high loan-to-value mortgage, you may not be able to borrow the full amount of the cost of extending your lease. The method for calculating leasehold extension premiums is complicated and influenced by a number of disputable factors, making the process seem more of an art than a science. These factors include local property prices and predictions of future investment returns, which are used to calculate the sum you would have to give the freeholder to compensate for his not receiving the property back for several more decades. You normally have to pay your freeholder's legal costs, your own legal costs and surveyors fees. The process of lease extension can take a few months, so it is also worth starting early so that it can be concluded well before you want to sell or re-mortgage a flat. An alternative is to take over the freehold so that you are at liberty to grant leases lasting for 999 years at no extra premium. Over the years’ new laws have made it progressively easier for leaseholders to own a share of the freehold. There may not be a huge difference between the cost of extending a lease and buying a share of the freehold, so it is usually preferable. Buying the freehold, or a share in it, means you will no longer have to pay ground rent and service charges. You also have greater control over the building's management, a big plus when the managing agents are not delivering an effective service. It should also increase the value of your home and make it more attractive to buyers. Doing nothing may feel like the attractive option today, but grasping the nettle and tackling your short lease problem could help protect your biggest asset from disappearing into thin air. Gibson Young Solicitors have a vast experience in advising on all areas of leases and lease extensions. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Conveyancing team about your lease, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
A Prenuptial or Postnuptial Agreement is like health insurance in many ways. You don’t plan on ever having to use it, some people go through their whole lives without ever having any need for it but if you don’t have it, and unfortunately do require it, you may end up paying a lot more.
When families have stepchildren, issues of inheritance can become complicated and it is important to put a Will in place that accurately deals with the situation to avoid disputes. When families have both birth children and stepchildren, there is always a risk that someone could be left out if inheritance matters are not carefully considered. If someone dies without a Will, then depending on the circumstances, children or stepchildren could be disinherited. Providing for your children after your death If you wish to adequately provide for your children after your death, it is essential that you put a Will in place, particularly if you have remarried. In the event that you do not have a Will in place when you die, the bulk of your estate will pass under the Rules of Intestacy to your spouse. Even if you have written a Will, your children could still inherit nothing if you leave everything to your spouse, by virtue of what is known as ‘the sideways disinheritance trap.’ Understanding the sideways disinheritance trap Where a couple have left all of their estate to each other and one of them dies, there is a risk that their children may ultimately miss out on inheriting anything. If the surviving partner remarries, then any existing Will is automatically invalid. If the surviving partner dies without making a new Will, then most of their estate will pass to their new spouse, along with anything that they hold jointly together such as a property owned as joint tenants and any shared bank accounts. If the new spouse also dies without making a Will, the whole of the estate will be passed onto their children or other blood relatives, leaving the children of the original couple with nothing. The new spouse also has the option to make a new Will leaving the money where they wish, which could again exclude the first couple’s children. There is also a risk that the money will be spent, for instance, in a bad investment or in paying for care home fees. Fortunately, there is a way to deal with this that ensures that children will not be excluded. Leaving a life interest trust in your Will By leaving a life interest in your property and assets to your spouse, you can ensure that they can continue to live in any shared home for the rest of their life, but when they die, your interest will pass to those you have named in your Will, which would commonly be your own children from your first relationship. Providing for your stepchildren after your death If you wish to provide for stepchildren after your death, it is essential that you make a Will. If you die without making a Will, then your estate will be distributed to your family members in accordance with the Rules of Intestacy. The Rules do not make any provision for stepchildren. Others in a close relationship with you could also miss out, such as a cohabiting partner, as only blood relatives are included in the list of those who will inherit. In the event that you name your stepchildren in your Will, you should consider the position of any birth children you may have. If you do not leave them anything, then there is a chance that they could contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975. Dealing with issues of inheritance can be complicated, especially when a stepfamily is involved. It is advisable to seek expert legal advice to ensure that the arrangements you make are legally sound and well thought-out and that they have the best chance of going unchallenged. Where a Will has been professionally prepared, it can minimise the risk of a disagreement arising after your death. Discussing matters with your family where possible can also help to prepare those involved and ensure that they understand what your wishes are and why you have made them. At Gibson Young we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Wills and probate team about having a bespoke Will drawn up, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
Divorce & frequently asked questions
1 June 2022
Divorce is never simple, but it is a lot easier with a reliable team by your side.
Gibson Young strive to make family law more straightforward to comprehend and recognise that each case is unique, requiring tailored support and careful handling.
Our work ranges from high-value and high-profile cases involving complex issues, to limited asset divorces that require a sensible and swift solution.
Our team are experienced in all aspects of relationship breakdown and family matters, as well as financial settlements, child arrangements and Children Act matters, cohabitee agreements and separations (including TOLATA claims) and nuptial agreements.
Our team are experienced in all aspects of relationship breakdown and family matters, as well as financial settlements, child arrangements and Children Act matters, cohabitee agreements and separations (including TOLATA claims) and nuptial agreements.
Our family solicitors are members of Resolution and subscribe to the ethos of trying to avoid unnecessary acrimony for separating couples and in particular, where children are involved; focusing on their best interests with the minimum distress.
We guide our clients through the divorce procedure with compassion and care, assuring them that they have the right group of professionals on their side.
We take up the conversations that our clients are unable to have and provide them with the information they need to confidently make any difficult decisions along the way.
With our assistance, clients successfully navigate the divorce process and move forward in life with renewed strength.
If you are considering a divorce, or would like to find out more about your options, please get in touch with our Family Law department. It is our job to manage divorces swiftly and our aim is to avoid rancor and unnecessary costs.
Frequently asked questions
Read below for our family solicitor's answers to some questions that have been asked frequently;
Q.
I don’t want to ‘blame’ my spouse in the divorce, can I apply for a “no fault” divorce?
A. Previously there was only one ground for divorce in the UK and that is that the marriage had ‘irretrievably broken down’.
The person applying for the divorce (‘the Petitioner’) was required to set out one of five reasons (known as ‘facts’) when making the application. These facts were most recently: adultery; unreasonable behaviour; desertion; separation of two years and your spouse agrees in writing; or separation of at least five years.
The person applying for the divorce (‘the Petitioner’) was required to set out one of five reasons (known as ‘facts’) when making the application. These facts were most recently: adultery; unreasonable behaviour; desertion; separation of two years and your spouse agrees in writing; or separation of at least five years.
In April 2022, a sweeping new law came into force, so called, no-fault divorce. This allows couples to divorce without having to assign blame to either party. There are five steps of the no-fault divorce application process as follows;
1. Prerequisite Conditions
- Have you been married for over a year?
You will be unable to begin divorce proceedings until you have been married for over a year.
2. The Divorce Application
- Has your marriage broken down irretrievably?
Under the old regime, couples wanting to divorce had to rely on one or more “facts” to evidence that their marriage had irretrievably broken down. Three of these facts were fault-based (adultery, unreasonable behaviour and desertion), and two facts related to periods of separation – namely, two years if both parties consented and five years without consent.
However, it is now no longer necessary to assign fault. Consequently, this has helped couples avoid the acrimony that sometimes previously developed when one spouse had to ‘blame’ the other for the relationship breakdown. This has also enabled couples to press ahead with divorce proceedings, rather than waiting for two years to pass so that they could avoid relying on a fault-based fact.
Although many have welcomed the change, it has been said that some parties feel hard done by, by the fact that they can no longer blame their partner for their divorce. In some ways, the old system provided a spouse with the satisfaction of exposing their spouse’s indecencies to the Court.
Does your spouse agree that your marriage has broken down irretrievably?
If yes, you can make a joint application, together with your spouse, to the Court for divorce. If not, you can make a sole application for divorce.
You can apply for a divorce online or by post, with the applicable Court application fee being £593.
3. Responding to the Divorce Application
Joint application
Once the divorce application has been issued, if you have jointly applied to the Court, you will both need to submit an “acknowledgement receipt” to the Court.
Sole Application
If you made a sole divorce application, your spouse will have to complete an “acknowledgement of service” within 14 days confirming that either (i) they agree with the divorce or (ii) they intend to dispute the divorce. Before responding to an application, it would be sensible to seek legal advice.
Disputing a divorce application
If your spouse disputes the divorce, they will need to complete an “answer form” confirming their reasoning. Please note that your spouse must have a genuine legal reason such as (i) the Court does not have the jurisdiction to entertain the proceedings; (ii) the marriage is not valid or (iii) the marriage has already legally ended. They cannot object to the divorce simply because they do not want it or wish to delay the process. If your spouse notifies the Court that they wish to dispute the divorce but do not complete the “answer form”, you will be able to proceed with your divorce application.
4. Conditional Offer
You must wait 20 weeks after your divorce application has been issued before applying for a conditional order. A conditional order is a document that confirms that the Court does not see any reason why you cannot divorce. If the judge approves your application, you will be sent a certificate, which will tell you the time and date on which you will be granted a conditional order. This is the halfway stage of your divorce application.
This 20-week cooling-off period is intended to give parties time to enter into financial discussions and seek to reach a settlement on the same.
Please note that whilst the divorce application is separate and distinct to matters concerning children and matrimonial finance, a judge will be unable to approve an Order regarding your matrimonial finances until you have your conditional order.
5. Final Order
Following a conditional order, you have to wait 43 days (i.e. 6 weeks and 1 day) before you can apply for a final order. The final order legally ends your marriage and is the point at which you will go from being “married” to being “divorced”.
Q.
How can I try to limit my costs during my divorce & settlement?
A.
Although there is no clear answer on how much a divorce and financial settlement (division of assets) might cost, or what the final bill might be, the legal advisors at Gibson Young will ensure that you have a clear understanding of the likely costs from the outset of your case.
As in most firms, the solicitors and legal advisors at Gibson Young usually charge on an hourly rate basis and depending on the experience of your advisor, this cost can vary. You will be clearly advised of the rates from the outset and once your advisors understand a little more about your specific case, they can give you more detailed estimates for your individual matter.
There are certain circumstances where (i.e. if you are the petitioner in the divorce), you can seek costs or a contribution to costs from your spouse but usually the legal costs shall be borne by each individual. You should also be aware that certain costs, such as disbursements (costs for court fees; other specialists or experts etc.) will be required from you prior to the expense being incurred, but again your specialist advisor will explain this to you in detail and keep you apprised throughout your case.
You can try and limit your costs throughout your case by assisting your legal advisor with as much information as possible as and when it is required. Also, generally speaking, the more that you can agree with your ex either directly or through other means (i.e. with the assistance of family; Mediation or alternative dispute resolution), the more likely you will be able keep your legal costs down. In short, trying to keep acrimony to a minimum will be beneficial to you in relation to costs and being pragmatic in trying to reach a settlement is prudent.
It may be that you and your ex are able to settle matters relating to finances and the children yourselves and you just seek advice on the fairness of such agreement. The legal advisors at Gibson Young can advise you, negotiate amendments or draw up agreements and applications to the court to formalise the settlement to protect you in the long term. It is never advisable to leave matters (especially in respect of the finances) unresolved, as this could have massive implications for you in the future. A formal court order is almost always required, even if simply to ensure that no future claims are made.
In other cases, prior to starting the process of divorce, you may require legal intervention to deal with your spouse being uncooperative or dishonest; i.e. ‘hiding’ money or dissipating assets to avoid division on divorce. We will advise you on how best to deal with this and ensure that you receive robust advice to obtain a fair settlement.
As in most firms, the solicitors and legal advisors at Gibson Young usually charge on an hourly rate basis and depending on the experience of your advisor, this cost can vary. You will be clearly advised of the rates from the outset and once your advisors understand a little more about your specific case, they can give you more detailed estimates for your individual matter.
There are certain circumstances where (i.e. if you are the petitioner in the divorce), you can seek costs or a contribution to costs from your spouse but usually the legal costs shall be borne by each individual. You should also be aware that certain costs, such as disbursements (costs for court fees; other specialists or experts etc.) will be required from you prior to the expense being incurred, but again your specialist advisor will explain this to you in detail and keep you apprised throughout your case.
You can try and limit your costs throughout your case by assisting your legal advisor with as much information as possible as and when it is required. Also, generally speaking, the more that you can agree with your ex either directly or through other means (i.e. with the assistance of family; Mediation or alternative dispute resolution), the more likely you will be able keep your legal costs down. In short, trying to keep acrimony to a minimum will be beneficial to you in relation to costs and being pragmatic in trying to reach a settlement is prudent.
It may be that you and your ex are able to settle matters relating to finances and the children yourselves and you just seek advice on the fairness of such agreement. The legal advisors at Gibson Young can advise you, negotiate amendments or draw up agreements and applications to the court to formalise the settlement to protect you in the long term. It is never advisable to leave matters (especially in respect of the finances) unresolved, as this could have massive implications for you in the future. A formal court order is almost always required, even if simply to ensure that no future claims are made.
In other cases, prior to starting the process of divorce, you may require legal intervention to deal with your spouse being uncooperative or dishonest; i.e. ‘hiding’ money or dissipating assets to avoid division on divorce. We will advise you on how best to deal with this and ensure that you receive robust advice to obtain a fair settlement.
Gibson Young can help you move forward with your divorce, and always work with you to help find the best solution in your individual circumstances. If you are considering a divorce, or would like to find out more about your options, please get in touch with our Family Law department on 020 7924 2919
or family@gibsonyoungsolicitors.com.
A Lasting Power of Attorney (LPA) is a legal document which enables you to decide who you trust to make decisions about your finances, property or healthcare, in the event you are no longer able to do so and appoint them as your Attorney.
Age-related issues such as dementia are often the reason that people are no longer able to make such decisions. However, an event such as an accident or illness could also have this impact.
The number of years left on a lease is of huge importance, both to buyers and flat owners, and if you leave it too late you could find yourself with a home that sellers and mortgage lenders avoid like the plague. If you own a leasehold property you have the right to live in that property for a set number of years, but it is the freeholder who usually owns the ground beneath the flat and the building around it. When flats are first built leases are typically for 99 or 125 years but they are not automatically renewed, so in theory, after this time the ownership reverts back to the freeholder. Lower house prices are usually helpful if you're looking to extend a lease as the less your property is worth, the cheaper the lease. But getting in early is crucial as the cost rises the longer you leave it. While this may only account for a few extra hundred pounds every year at first, once the lease falls below 80 years, the cost starts to rise disproportionately because something called ‘marriage value’ takes effect and it could be closer £1,000 extra per year. Buyers become very aware of the increased costs associated with undertaking a lease extension for a flat with less than 80 years remaining. For example, the premium on a flat worth in the region of £300,000 with an 82-year lease would typically be around £6,000, whereas the same flat with a 79-year lease would be around £10,400. The second point is the issue of mortgage finance: lenders are really clamping down when it comes to properties with short leases. You may find that their lending criteria are stricter and that they alter interest rates depending on how many years are left on the lease. They may even refuse to lend completely, so if you wanted to sell, your only options would be to find a cash buyer, or hope for the best at auction. The importance of protecting your leasehold interest is so great that it is even worth borrowing more on your mortgage to pay for it if you do not have the spare cash available. Most lenders are happy to give you a further advance for this because they see it as enhancing the security of their loan. However, if you already have a high loan-to-value mortgage, you may not be able to borrow the full amount of the cost of extending your lease. The method for calculating leasehold extension premiums is complicated and influenced by a number of disputable factors, making the process seem more of an art than a science. These factors include local property prices and predictions of future investment returns, which are used to calculate the sum you would have to give the freeholder to compensate for his not receiving the property back for several more decades. You normally have to pay your freeholder's legal costs, your own legal costs and surveyors fees. The process of lease extension can take a few months, so it is also worth starting early so that it can be concluded well before you want to sell or re-mortgage a flat. An alternative is to take over the freehold so that you are at liberty to grant leases lasting for 999 years at no extra premium. Over the years’ new laws have made it progressively easier for leaseholders to own a share of the freehold. There may not be a huge difference between the cost of extending a lease and buying a share of the freehold, so it is usually preferable. Buying the freehold, or a share in it, means you will no longer have to pay ground rent and service charges. You also have greater control over the building's management, a big plus when the managing agents are not delivering an effective service. It should also increase the value of your home and make it more attractive to buyers. Doing nothing may feel like the attractive option today, but grasping the nettle and tackling your short lease problem could help protect your biggest asset from disappearing into thin air. Gibson Young Solicitors have a vast experience in advising on all areas of leases and lease extensions. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Conveyancing team about your lease, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
A Prenuptial or Postnuptial Agreement is like health insurance in many ways. You don’t plan on ever having to use it, some people go through their whole lives without ever having any need for it but if you don’t have it, and unfortunately do require it, you may end up paying a lot more.
When families have stepchildren, issues of inheritance can become complicated and it is important to put a Will in place that accurately deals with the situation to avoid disputes. When families have both birth children and stepchildren, there is always a risk that someone could be left out if inheritance matters are not carefully considered. If someone dies without a Will, then depending on the circumstances, children or stepchildren could be disinherited. Providing for your children after your death If you wish to adequately provide for your children after your death, it is essential that you put a Will in place, particularly if you have remarried. In the event that you do not have a Will in place when you die, the bulk of your estate will pass under the Rules of Intestacy to your spouse. Even if you have written a Will, your children could still inherit nothing if you leave everything to your spouse, by virtue of what is known as ‘the sideways disinheritance trap.’ Understanding the sideways disinheritance trap Where a couple have left all of their estate to each other and one of them dies, there is a risk that their children may ultimately miss out on inheriting anything. If the surviving partner remarries, then any existing Will is automatically invalid. If the surviving partner dies without making a new Will, then most of their estate will pass to their new spouse, along with anything that they hold jointly together such as a property owned as joint tenants and any shared bank accounts. If the new spouse also dies without making a Will, the whole of the estate will be passed onto their children or other blood relatives, leaving the children of the original couple with nothing. The new spouse also has the option to make a new Will leaving the money where they wish, which could again exclude the first couple’s children. There is also a risk that the money will be spent, for instance, in a bad investment or in paying for care home fees. Fortunately, there is a way to deal with this that ensures that children will not be excluded. Leaving a life interest trust in your Will By leaving a life interest in your property and assets to your spouse, you can ensure that they can continue to live in any shared home for the rest of their life, but when they die, your interest will pass to those you have named in your Will, which would commonly be your own children from your first relationship. Providing for your stepchildren after your death If you wish to provide for stepchildren after your death, it is essential that you make a Will. If you die without making a Will, then your estate will be distributed to your family members in accordance with the Rules of Intestacy. The Rules do not make any provision for stepchildren. Others in a close relationship with you could also miss out, such as a cohabiting partner, as only blood relatives are included in the list of those who will inherit. In the event that you name your stepchildren in your Will, you should consider the position of any birth children you may have. If you do not leave them anything, then there is a chance that they could contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975. Dealing with issues of inheritance can be complicated, especially when a stepfamily is involved. It is advisable to seek expert legal advice to ensure that the arrangements you make are legally sound and well thought-out and that they have the best chance of going unchallenged. Where a Will has been professionally prepared, it can minimise the risk of a disagreement arising after your death. Discussing matters with your family where possible can also help to prepare those involved and ensure that they understand what your wishes are and why you have made them. At Gibson Young we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Wills and probate team about having a bespoke Will drawn up, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
Get sound legal advice from Gibson Young Solicitors.
Putney, Fulham, Chiswick, Clapham, Clapham Junction, Wimbledon, Richmond and the surrounding areas in South London. To book an appointment, call 020 7924 2919
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