Grant of Representation: How to Apply Using Form PA1
If you have been named as an executor in someone’s will, you will be responsible for administering their estate after they die. In most cases, before you can even begin to deal with the deceased’s estate, you will need to apply for a grant of representation. Probate is often referred to as the process of […]
Do You Have a Cavity Wall Insulation Claim?
If unsuitable or defective cavity wall insulation has resulted in dampness and mould growth in your property, you may be entitled to bring a cavity wall insulation claim – not only to rectify the problem, but also for compensation for any associated damage to your property or health. What is cavity wall insulation? A cavity […]
What is Child Support?
Child support, also known as child maintenance, is the regular, ongoing financial contribution made by one parent to another in support of the everyday living costs of their child or children. Following the breakdown of a relationship, both parents are, subject to their financial circumstances, expected to contribute to the costs of raising their child […]
What is a Clean Break Order?
A Clean Break Order is used to legally terminate future financial obligations or responsibilities between a couple that is divorcing or dissolving their civil partnership. They offer a legal way for parties to move on without the concern of any future claim on their assets from their ex-spouse. While the Decree Absolute will formally end the marriage, […]
Renouncing US Citizenship (What’s Involved!)
An individual who sets about renouncing US citizenship will cease to be a citizen of the United States of America upon completion. If successful, they will receive a Certificate of Loss of Nationality (CLN) and will no longer have the responsibilities of a US citizen and can identify solely as a citizen of their other country of […]
Fathers Rights
When going through a separation which involves children, fathers are often unsure of their rights in terms of contact and access to their children. Under UK law, a parent’s rights regarding their children are determined largely by whether or not they have parental responsibility. Although parental responsibility alone does not guarantee a fathers’ right to […]
Housing Rights When Separating
Following a separation or divorce, the biggest asset you are likely to have is your home. Among the stresses of a separation, you will need to address legal position of you and your former partner in relation to the property. It will be important to understand your housing rights and responsibilities if you are going […]
What is Parental Responsibility?
Understanding your rights in relation to parental responsibility is the first step in ensuring you are involved in making important decisions in your child’s upbringing relating to their health, welfare and education. We look at the current law on parental responsibility and how to acquire parental responsibility in circumstances where there is no automatic entitlement. […]
Without Prejudice in Family Law – What Does it Mean?
You may well have heard of the term without prejudice but the meaning of this rule of law isn’t necessarily clear or obvious to those outside of the legal profession. So what exactly does the term ‘without prejudice’ mean in the context of family law? How might you use this rule in a family law […]
What is Common Law Marriage?
Contrary to popular belief, there is no such thing as common law marriage in the UK. Whilst the term is often used colloquially to refer to cohabiting couples, common law marriage is not legally recognised here. Moreover, notwithstanding the prevalence of unmarried couples cohabiting in the UK, the legal rights of those living together differ […]
Sears Tooth Agreement (and Funding Your Divorce!)
8 minute read Last updated: 13th August 2019 Under the current legal framework, the question of how to pay the legal fees for your divorce case can be a source of real anxiety. You may even be questioning whether you can afford representation. A number of legal bodies, courts, solicitors and banks have come up […]
Dealing with Noise Nuisance
Noise nuisance can be a very irritating and disturbing occurrence, with excessive levels of noise affecting the quality of life for many individuals and families across the UK. There are legislations in place to deal with cases of noise nuisance, considering all types of cases such as music, parties, construction and machinery noise, as well […]
Nemo Dat Quod Non Habet
Nemo dat quod non habet, literally means “no one gives what he doesn’t have”. This is a legal rule, sometimes called the nemo dat rule, which states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil […]
Family Law Survey: The Challenges of Divorce at Christmas
A family law survey by national law firm Simpson Millar has revealed the complexities facing divorced and separated parents at Christmas time. The research showed that: 42% of newly separated parents cannot remain on speaking terms to make arrangements Dads feel greater need to compete for kids’ affections than mums after divorce or separation 30% […]
Children and Families Act 2014: Potentially Disastrous
Local Authorities face a huge challenge to meet the new demands of the Children and Families Act 2014, which came into force on the 1st September. According to leading education, health and social care lawyer Elaine Maxwell, inadequate funding and a lack of guidance on the new rules, many of which have yet to even […]
Foster & Partners Acquired by Simpson Millar Solicitors
Simpson Millar Solicitors has acquired Foster & Partners (“Fosters”), one of Bristol’s leading family law practices. Combining with Simpson Millar Solicitors existing Bristol operation from 1st July, Simpson Millar Solicitors are seeking to establish itself as the pre-eminent provider of family law services in Bristol and the South West. F Fosters has 9 family lawyers […]
When Is A Marriage Not Legally Binding?
Pop songstress Foxes is reported as being uncertain of her marital status following a drunken ceremony at Glastonbury, in an interview with Metro magazine. She recalls hazy memories of a marriage ceremony in the after-party at Shangri-La, but has no idea where her festival “hubby” could be, revealing that they lost touch. She is reported […]
Legal Aid Cuts Breach Human Rights – Are They Right?
To say that this year’s legal aid cuts and changes to eligibility were contentious is something of an understatement – in June, hundreds of solicitors protested outside the Ministry of Justice condemning cuts and reforms to the system. The aim, the MoJ have said from the outset, is to make multi-million pound savings on a […]
What Does No Win No Fee Mean?
What does no win no fee mean? is a question that is asked a lot. We frequently hear banded about in the UK. It’s formal name is CFA – which means Conditional Fee Agreement. The no win no fee era was set in motion at the end of the means tested, personal injury legal aid, […]
Claiming for Injury – 4 Top Tips
Tip 1: Claiming for injury: act fast. It can be very important to make sure begin your claim as quickly as possible following an accident for a number of reasons. Firstly there are time limits for certain types of accident claims. And you wouldn’t want to miss out on your compensation that you might be […]