HW LEGAL

10/12/2021

Separation is an incredibly hard time for families. This year, to mark , wants parents to know there is to ensure children's interests come first during family separation. Watch our video now >> https://youtu.be/0-VVnRJnA8c

https://www.youtube.com/watch?v=0-VVnRJnA8c

With nearly a quarter of a million people getting divorced each year in the UK, the need for information and support is clear, yet separated parents have rep...

21/06/2021

Far from romantic but...If you choose NOT to get married but reside as cohabiting couples, then the law offers you fewer protections. So it's wise to protect yourself, through a cohabitation agreement. The practical guidelines laid out in a cohabitation agreement will make it clear for both parties what will be expected of them should the relationship break down. This could save thousands of pounds in legal fees in the future.

It is also important to consider what you would want to happen should you separate from your partner or in the event either of you passed away. It is also important to consider at the start of a relationship whether you wish your partner, friend or family member to have an interest in your property. If you own a property in your sole name and your partner, friend or family member is moving in with you they may later try to claim an interest in your property.

We appreciate that whilst the relationship seems strong, events like these appear irrelevant, but this is the best time to agree on what happens if or when you part ways. Don't wait until things are so acrimonious that you end up paying the legal profession more than you hope to leave to those you love, or indeed yourself.

14/05/2021

Divorce is seldom easy, but protecting your livelihood in the future is as important as protecting your financial-self now.

It might feel like the pensions belong to each individual, but when you are married or in a civil partnership any and all pensions are part of the matrimonial pot, regardless of whose name is on the pension plan. A pension can only be in one person’s name and often that person will see it as theirs and only theirs, especially if they built it up over a long career. However, many families decide that one parent will take more responsibility for the care of the children while the other focuses on earning money or a career, giving that person more of an opportunity to build a pension. The law treats these contributions to the family as equal. So try not to view the pension as just your ex’s, or just yours, but more as one part of the financial jigsaw that needs piecing together. This is how the court sees it.

Let us help you secure what's fair for you and your family.

19/04/2021

Married or unmarried- Who is better protected???

When married couples separate, the law permits courts to divide property and finances in a manner that is fair to both partners. When unmarried couples separate, even if they have children together, the partners do not have the same rights.

If your name isn’t on a deed or rental agreement, you do not automatically have a right to stay in your home. Even if you’ve put money into your home by paying bills, helping with the mortgage or deposit, you could be asked to leave your home and be left with nothing.

If you have children together your partner would still have obligations to support them, however they wouldn’t need to support you. This could make it difficult to support your family without accessing additional money.

What can I do?

We want you to stay together, but it’s worth taking precautions to protect yourself. Take your future into your own hands.

If marriage or civil partnership is not an option, there are other ways to ensure that both you and your partner are protected:

Cohabitation agreement – this sets out your joint intentions for things like finances, property and arrangements for children if you split up. A cohabitation agreement can be completely bespoke and cover whatever you both agree on – from how to handle support of a partner who gave up their career to have children to who would get the dog.

Declaration of Trust – this sets out how you want to own a property and in what shares, and can also cover what happens if you split up. If you are purchasing property together but not contributing equal shares, a declaration of trust can provide for each person to get back a fair portion of what they’ve put in to the property when it is sold. For example, if one partner’s parents provide a loan for the deposit, a deed of trust can record this contribution and ensure they are paid back if the couple splits and they sell the home.

Will – if one partner in an unmarried couple dies, the other does not have an automatic right to inherit your share of the property or possessions, without this being spelled out in a will. Even if the other partner has lived in the joint home for decades, without their name on the deed or as a beneficiary in the will, they could lose their home and any right to proceeds from the sale.

If you find yourself in this situation, it’s wise to seek legal advice first to find out what option is best for your family. We're here to help.

14/04/2021

Relationships don’t always go to plan.

If you have bought a property with a partner, family member or good friend and you now wish to part ways and sell that jointly owned property but they do not want to, fear not, all is not lost.

You can make an application to the County Court requesting they grant what is called a ‘Force of Sale Order’. You will have to show that you have tried to settle matters amicably, perhaps through mediation but to no avail. The Courts will look at whether you have any children or are divorced (in the case of married couples) and also look at the circumstances of both parties before granting the order. If your partner, friend or family member still refuses to sell the property despite the Court Order, the Courts are able to sign the conveyancing deeds on their behalf, to force through the sale.

Although this process can be orchestrated without a Solicitor, Legal advice will ensure that you have a strong enough case before you tackle this (which is strongly recommended), or indeed a solicitor can take the stress away and assist you with the entire process themselves.

Please do not hesitate to contact HW Legal for any of your legal needs.

12/04/2021

Property is can be an exceptionally valuable commodity- Know your rights and be forearmed...

What is a lease?

~A lease is a legally binding contract between a Lessor (Landlord) and a Lessee (Tenant) which creates an interest in property.

~Unlike a freehold property, the interest created by a lease is for a defined term of years, usually in return for the payment of rent or a capital sum at the outset by way of premium (price).

~The lease will state your rights and responsibilities as the leaseholder, and the rights and responsibilities of your landlord.

~The lease gives you the right to occupy and use your property for a set period of time (the ‘term’).

~When your lease term is up, ownership of the entire property goes back to the Landlord. (know as the reversion’).

What are your rights?

As a leaseholder, you have the right:

^To know the freeholder’s name and address.
^To be given information about insurance costs.
^To see how service charges are calculated and how the money is spent, with receipts if requested.
^To be consulted via a Section 20 consultation about charges if you have to pay more than £250 for planned work, or £100 per year for work lasting more than 12 months. You may dispute any charges you feel are unreasonable, of if the work is not carried out to an acceptable standard by applying to a tribunal.
^To join with other tenants and collectively acquire the freehold of their block, whether or not the landlord wishes to sell.

We are here to help with your Leasehold matters, from assistance with the purchase process, drafting a new Lease to perusing your existing Lease. We're just a call away.

11/04/2021

Non Disclosure agreements are vital in business ( and some personal ) settings to prevent confidential and private information being disseminated to third parties without prior consent. We have plenty of clients able to testify to the quality of our service here. Whether it's drafting one from scratch or reading and assessing one on our client's behalf.

Call us for further information.

10/04/2021

Pleased to have secured a successful outcome for one of our dear clients. A motoring offence charge with very poor evidence from the prosecution. Justice prevailed.

10/04/2021

Lasting Powers of Attorney

Lasting Powers of Attorney (LPA) are vital for everyone. It allows you to choose who you trust to make decisions for you, if you ever become mentally or physically unable to do so. There are two areas that an LPA covers- Property and Finance and Health and Welfare. The Property and Finance LPA gives permission to your ‘attorney’ i.e your ‘trusted person’ access to your finances in order to help you pay for your bills, rent, living expenses etc, if you become mentally unable to do so. The Health and Welfare LPA gives your attorney the right to make medical decisions for you and carry out your wishes regarding your wellbeing if you are too incapacitated to do so.

In these uncertain times with COVID 19, it would be wise to obtain an LPA so you know that people you trust are handling your care and finances for you, when you’re at your most vulnerable. Anyone can draft their own LPA online https://www.gov.uk/power-of-attorney and submit it to the Office of public Guardian (OPG) costing £89 per application (means tested discounts are available), but i must stress that Legal professionals are generally better able to ensure that they are completed properly, to avoid them being rejected by the OPG.

Tip - sign up and carry your Next of Kin Card with you so medical professionals know who to contact in an emergency and who you have identified as your Next of kin.

Contact us to set your mind and future at ease.