Blog

Can I share my spouse's annual bonus after our divorce?

The Court will strive to divide assets between separating spouses fairly and will take into account a list of relevant factors, including: the age of each party, their earning capacities and future earning capacities / income resources, the financial needs...

What happens at a Financial Dispute Resolution (FDR) hearing?

An FDR hearing is usually the second Court hearing during Financial Remedy Proceedings.    It typically takes place some months after the First Directions Appointment (FDA) hearing.   At the FDR Hearing, both parties are given the...

What is the deadline to appeal a decision made in the family court?

The family team at George Green Solicitors, notably Mark Vandaele and Aimee Stokes , have recently had success at appealing a high-net-worth financial order at the Royal Courts of Justice.   The road to a successful appeal is a long one, however...

Non-Compliance with a child arrangement order led to imprisonment for 28 days for a mother in contempt of court.

The case of Raza v Gall [2023] led to a mother being imprisoned for 28 days after she was found to be in contempt of court for continually not complying with court orders. The proceedings arise due to the Father putting in an application for a Child...

Companies House Changes Set to be Introduced from March 2024

UK Company Law is changing. Following the introduction of the Economic Crime and Corporate Transparency Act in October 2023, a number of changes will come into force from 4 th March 2024. Of these changes, the most notable include new requirements for both...

Will the courts in England recognise a divorce that was granted overseas?

This matter was recently considered by the High Courts in the case of Mahtani v Mahtani [2023] EWHC 2988 (FAM). In this case, the Wife and Husband were married in London on 06 February 2003. They later went through a subsequent Hindu wedding celebration in...

Can I refuse to provide evidence regarding my new partner's finances during my divorce?

When the parties to a divorce exchange financial information through statements known as Forms E there is a question that asks for an overview of the financial position of new partners if you are living together or intend to.  You are asked to provide...

We are getting divorced and have no assets. Is there any point in getting a financial order?

The short answer to this question is yes.  While there is no absolute legal obligation to deal with the financial aspects of the divorce if you don’t do so there is a real risk that that decision could come back to haunt you at a later date. ...

Enforcing a Child Arrangements Order

Divorced and separated couples will often find difficulty in reaching agreement about the care arrangements for their children after divorce/separation. In these scenarios, many parents will apply to the court for what is known as a child arrangements order....

My spouse owns our family home in their sole name. How can I protect my interest?

In numerous married households, it's quite common to find the family home owned in the sole name of one spouse. This can be either the husband or the wife. While this arrangement may work smoothly during happy times, it can become a cause for concern in...

How do I start divorce proceedings?

You are able to issue a  Divorce  Petition for dissolution of your marriage provided you have been married for at least 12 months. You will need your marriage certificate and also your spouse’s contact details. The court fee is currently...

Key considerations when incorporating a UK company

Incorporating a company in England and Wales involves various considerations, including understanding the required documentation, obtaining a company registration number, selecting the registered office, appointing directors and issuing shares. In this blog...

Can I get maintenance from my husband or wife on divorce?

The court during financial proceedings have the power to order maintenance which is also known as ” Periodical payments ” or “ spousal maintenance ”) based upon “needs” in the event of  divorce  or  civil...

What to expect at an FHDRA Court Hearing - Perspective of a Trainee Solicitor

‘FHDRA’ stands for First Hearing and Dispute Resolution Appointment. For many people having to undergo one of these hearings, it can be an intimidating experience and not one that’s often made by choice. Despite having studied law for four...

We've been married for less than a year- can we get divorced?

In order to start divorce proceedings, the court requires the parties to have been married for at least a year. There are exceptional circumstances where marriages can be deemed either void or voidable but these are likely to be extremely rare. If needed,...

Board resolutions and shareholder resolutions

The remit of decision making for the board of directors of a company and the company’s shareholders is different – albeit for many smaller companies the shareholders and directors may be one and the same. The board of directors: guiding the...

Will my partner inherit everything when I die? A new change in the law does not dispel misconceptions about dying without a Will.

A change in the law gives spouses and civil partners more money when an individual dies without a will, but many misconceptions about who inherits remain.   When someone passes away in England and Wales without leaving a Will, they are deemed to...

How should children divide their time between parents when they divorce?

There is no one-size-fits-all solution to how children should spend time with each parent following a divorce. What is appropriate for one family, may not work for another family.  For example, if there are different shift patterns between the...

Navigating shareholder meetings

Navigating shareholder meetings: private limited company obligations Private limited companies must take heed of their legal obligations under the Companies Act 2006 (the Act ) and under their constitution (their Articles of Association). Central to...

How can you prevent a child being removed from the UK without consent?

Under Section 8 of the Children’s Act 1989, there are three different types of orders that a Court can make in relation to children: A child arrangements order A prohibited steps order A specific issue order If there is a significant risk of a...

Who keeps the family pet when separating?

For many people, pets become a key part of their family. As such, what should happen to pets when couples separate can become very contentious. The Law The family court itself has no duty to consider the welfare of a pet during the division of assets....

Locked Box Accounts

In the context of mergers and acquisitions (M&A), precision in financial matters is paramount, especially when it comes to establishing the purchase price. One method that can be attractive to buyers and sellers for its simplicity and transparency, is...

Completion Accounts

When it comes to selling your company, one crucial element that contributes to a smooth transition of ownership is the use of Completion Accounts. These financial snapshots play a pivotal role in defining the final financial terms of the deal. In this...

Who should pay the school fees after divorce?

When couples whose children are privately educated separate, an issue may arise as to who should continue to pay the school fees. Such fees would not be included within child maintenance payments and so not dealt with by the Child Maintenance Service....

Back to School- how to deal with term time child arrangements

With children returning to school at the beginning of September, separated parents may need to consider what term time arrangements are put in place for their child/children. If arrangements have already been put in place for the last academic year,...

The Importance of Using a Solicitor to Prepare a Will or assist with Probate - Competition and Markets Authority Investigate Online Will drafting and pre-paid Probate Plans.

The Competition and Markets Authority (CMA) have launched an investigation into online divorces, pre-paid probate plans and will drafting services which are provided by companies that are not solicitors. As reported by the BBC , complaints about these...

Financial Dispute Resolution - A Tool Worth Considering in Probate and Property Disputes?

Our litigation team recently assisted clients in settling a prickly ongoing property and will-related dispute via a Financial Dispute Resolution hearing at court. Financial Dispute Resolution (FDR), while often seen in family proceedings, is now being...

When should I make an application for a Final Order?

A decree absolute is the final order which ends a marriage. It comes in the form of a certificate and confirms that the marriage between you and your spouse has ended. This application can be applied for 43 days (six weeks and one day) after the initial...

When should I make an application for a Final Order?

A final order is the final order which ends a marriage. It comes in the form of a certificate and confirms that the marriage between you and your spouse has ended. This application can be applied for 43 days (six weeks and one day) after the initial...

Employment Law Bulletin - August 2023

A recent Employment Appeal Tribunal decision has set out further guidance on how tribunals should approach the issue of employment status following the landmark decision of the Supreme Court in Uber BV v Aslam. In Manning v Walker Crips...

Does the child get to choose which parent they will stay with after a divorce?

Although, a child can express their views regarding who they would like to stay with the courts will not necessarily always take this into consideration. The most important factor that will affect whether the courts will listen to the child’s wishes...

When does the removal of a director and shareholder constitute unfair prejudice?

In a recent case a director was removed from office and excluded from management. The court had to consider whether the conduct was unfairly prejudicial for the purposes of section 994 of the Companies Act 2006. Background Mr Hashmi, Mr Gilbert...

What is a MIAM?

A MIAM stands for Mediation Information and Assessment Meeting. This is the first meeting that is held for two parties to work through their differences with a third-party present rather than going to court. Although both parties can attend a MIAM jointly,...

Civil Partnership Act Amendment

The Civil Partnership Act 2004 (CPA 2004) came into force on 5 th December 2005. However, in 2018 a Supreme Court ruling enabled this act to be amended and because of these the civil partnership regulations 2019 enabled opposite sex couples to form a civil...

Can I Challenge a non-molestation Order?

If a non-molestation order has been made against you and you wish the order to be challenged. Yes, an application can be made to challenge the order and potentially get it discharged. However, this may not be ideal depending on the circumstance of the case. ...

Employment Law Bulletin - June 2023

Should the terms of the employment contract be ignored when looking at employment status? In the leading case on employment status, Uber BV and others v Aslam (2021) , the Supreme Court warned against treating the terms of the contract as the starting...

Quasi Partnerships

The existence of a quasi-partnership is a question of fact - a company is not incorporated and specifically designed to be a quasi-partnership and no specific documentation is issued for a company to become one – a company either is, or is not, a...

What is a pension cash equivalent value (CEV)?

A cash equivalent value or “CEV” is something that your solicitor will ask you to obtain during  financial settlement proceedings .  Your pension provider will value the pension as a final figure. This may be different though to the...

Can I take my child abroad over the summer holidays?

You should have permission of everyone with parental responsibility for a child (or permission from the Court) before taking a child abroad. If a person with parental responsibility refuses to give consent an application to Court would be needed for a...

Possible finance delays for divorcing teachers and NHS Staff

Teachers and NHS staff going through divorce may face delays to their financial settlements whilst public sector pensions are recalculated. The Treasury announced in March that there was a delay to their recalculation of “cash equivalent values”...

What do the Child Maintenance Service Do?

Both parents are legally required to provide financial costs for their children. When parents separate, the parent living with the child must receive child maintenance from the other parent for the financial costs of raising their child. The cost of the...

Employment Law Bulletin - May 2023

Restrictive covenants are used in employment contracts to restrict employees for a period of time after they leave their employment. The aim is to limit the damage that a departing employee can do to their old employer but there is always a...

Do I Need a Solicitor to get Divorced?

No, a solicitor is not necessarily needed when applying for a divorce . However, having legal representation in some circumstances can be beneficial particularly within cases involving domestic abuse, children and where significant assets from the...

How Does the Court Split Assets During Divorce?

Following the breakdown of a marriage, it is necessary for the matrimonial assets to be distributed between the parties. The legal procedure of distributing the financial assets of divorce can be complicated. It can also be a hostile experience for the...

What is Family Mediation?

The Meaning of ‘Mediation’ Mediation is a confidential process which, in family law, is a negotiation between families that is managed by specially trained mediators rather than judges. The mediator leads the process without passing judgement...

Directors' Duties

A director of a company inherits a number of significant legal duties under the Companies Act 2006 (the “2006 Act”). These statutory duties under the 2006 Act are “owed by each director to the company” and form the starting blocks of...

How long will a divorce take?

The time that it takes for a divorce to be completed will depend on the individual circumstances of each case. Within the process though, there are two key waiting periods. Firstly, once the application for divorce has been issued, the applicant (or joint...

Employment Law Bulletin - March 2023

There is a one-off bank holiday on Monday 8 May 2023 to celebrate King Charles’ coronation.  Are your staff entitled to an extra day’s paid holiday, and can they insist on taking it on 8 May? The answer depends on the wording of...

Company deadlock - making the right move

A company in deadlock is usually a company on the brink of insolvency. The impact on employees, directors and shareholders can be huge. Navigating a deadlock situation and deciding on the best way to respond requires specialist advice. Our corporate dispute...

Insufficient cash for an off-market share buyback?

A share buyback is a purchase by a company of its own share capital from one or more of its shareholders. To complete an effective buyback, it is essential that the provisions of the Companies Act 2006 are strictly adhered to. To comply with the...

With National Offer Day approaching, should I be informed which school my child will be attending in September?

Children due to start school in September 2023 will receive confirmation of their school application outcome on 17 th April 2023 (National Offer Day). All parties who hold parental responsibility for a child should be involved in important decisions such...

The legal age of marriage in England and Wales has risen to 18

The new law which came into force on 27 February 2023 (The Marriage and Civil Partnership (Minimum Age) Act 2002) means that it is no longer legal for 16 and 17 year olds to be allowed to marry or enter a civil partnership, even if they have the consent of...

What is a final order in divorce proceedings?

A final order (previously known as a Decree Absolute) finalises a divorce and confirms that the marriage has ended. To end your marriage you must apply for either: a final order a decree absolute - if the court issued your divorce application before 6...

What is a conditional order in divorce proceedings?

A conditional order confirms that the court does not see any reason why you cannot divorce. This was previously known as a Decree Nisi. An applicant can apply for a conditional order 20 weeks after their divorce application has been issued. If the judge...

How do I remove a director?

If you are a shareholder of a company and have concerns about how the directors are running it, you might want to remove those directors from office. There are a number of ways a director can be removed and it is important to seek specialist legal advice...

Articles of Association

Any limited company incorporated in England & Wales must adopt and maintain Articles of Association which specify the rules and regulations governing that company.  A company’s Articles of Association form its fundamental constitution. ...

Employment Law Bulletin - February 2023

Welcome Res judicata is a Latin phrase which means ‘ a matter judged’ . It is a legal principle used to prevent someone from pursuing a claim that has already been dealt with by the courts. In a recent case, an employee asked the EAT...

Former law firm McClure's collapse provides difficulties for those with 'Family Protection Trusts', but George Green may be able to help.

Scottish law firm, WW & McClure Limited, provided a variety of legal services including setting up ‘Family Protection Trusts’ which usually involved the settlor (the person who set up the Trust) transferring their home and investments into...

Who pays the legal fees in divorce?

To issue divorce proceedings a court fee of £593 is payable. Each person getting divorce will also have their own legal costs should they instruct a solicitor. The general rule on who pays the legal fees in a divorce is that each party will pay their...

What is a Financial Dispute Resolution Hearing?

Following the breakdown of a marriage, it is common that there are financial issues which need to be resolved. These financial issues are aimed to be settled through a process of three hearings. The most important hearing is the second hearing, which is...

How does a Family Assistance Order Work?

Where families experience issues following a separation, for example, where the parents can’t agree on child arrangements . The court must maintain that the children’s welfare is the most important issue. Therefore, the court may provide...

Employment Law Bulletin - January 2023

Sections 100(1)(d) and (e) of the Employment Rights Act 1996 provide employees with protection from dismissal if they leave the workplace, refuse to return to it, or take other steps to protect themselves, if they reasonably believe there is...

I want a divorce but where do I start?

If you have decided that your marriage has irretrievably broken down, it can be difficult to know what steps to take next. In this blog we discuss a quick overview of the divorce process. I want a divorce – what do I do? If you feel that your...

My ex-partner won't let me have the children on Christmas Day

Trying to decide the plans for Christmas Day can be a difficult conversation for any family, but even more so for separated parents who cannot agree on the arrangements for the children on Christmas Day.    What are my options? The first step...

Employment Law Bulletin - November 2022

The Implications of Harpur Trust v Brazel Being on holiday is fun. However, calculating other people’s holiday entitlement and pay? Not so much. It can get very tricky, especially when irregular working patterns are involved. Unfortunately, a...

Employment Law Bulletin - December 2022

The Implications of Harpur Trust v Brazel Being on holiday is fun. However, calculating other people’s holiday entitlement and pay? Not so much. It can get very tricky, especially when irregular working patterns are involved. Unfortunately, a...

Can a stepparent get parental responsibility?

A stepparent can play a significant role in a child’s life and be heavily involved in their childhood and carrying out ordinary daily tasks for that child. However, when it comes to making decisions regarding the child, a stepparent has no legal...

THE IMPORTANCE OF WILLS IN REDUCING POTENTIAL CLAIMS AND FAMILY DISPUTES

Did you know that only just over 40% people in England and Wales actually have a Will? Considering what you would like to happen to your assets when you pass away can be a taboo subject for some and a difficult topic to think about, however making a Will...

Will my ex-partner inherit from my estate?

Whether or not you have a Will in place it is important to know who inherits from your estate in the event you go through a divorce. When you get married, any Will you already had in place is automatically revoked (unless the will specifically states...

Can a child's school be changed without the other parent's consent?

A parent cannot unilaterally change their child’s school without the consent of anyone else who holds Parental Responsibility (usually the child’s other parent). Any such unilateral change is not only damaging for the child, but disregards the...

Can I ignore divorce papers?

If your partner wants to divorce you, while you can cause them delay, frustration and additional expense, eventually they will succeed.  You also need to be mindful of the fact that they could pass those additional costs onto you if they are successful...

My ex is ignoring the divorce papers what can I do?

If your partner is refusing to acknowledge the divorce papers this can be extremely frustrating, but there are options available to you to enable you to proceed with the divorce. What is the divorce process? Once you have completed the...

What is a First Appointment in divorce proceedings?

In divorce proceedings the First Appointment is one of three court hearings scheduled to resolve the financial matters of the divorce. The First Appointment Before the First Appointment (also referred to as an FDA) both parties are required to...

Parental responsibility and Gillick competence - can my child make their own decisions?

Parental responsibility refers to all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. A parent has control over their child’s choices until they reach the age of...

Parental responsibility and Gillick competence - can my child make their own decisions?

Parental responsibility refers to all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. A parent has control over their child’s choices until they reach the age of...

Employment Law Bulletin - September 2022

Welcome Employees are entitled to 5.6 weeks’ holiday under the Working Time Regulations 1998 (WTR). Calculating the holiday pay of someone with no normal working hours can be tricky. Some employers have adopted a percentage approach, by...

Earn-out disputes: a recent example

In a recent case, the claimants alleged they had sold their shares to the defendant under a sale and purchase agreement (“ SPA ”) in return for an immediate cash payment plus three potential earn-out payments. The defendant denied there was any...

General principles of child law: the Welfare Principle

The Welfare Principle has been described as the “golden thread” of decision-making. It represents the paramountcy of the welfare of the child when decisions are being made about them. According to Section 1(1) of the Children Act 1989 , when a...

Friends and families at war: how to resolve or avoid quasi-partnership disputes

Families often go into business together. Sometimes the combination of family and business works well and sometimes it doesn’t. When it doesn’t, one party might say “you’re my father/mother/brother etc”, “you promised...

All you need to know about the new No Fault Divorce

In April 2022 the Divorce, Dissolution and Separation Act (DDSA) 2020 came into force and it changed the way a divorce can be obtained. This reform is the most significant change to divorce law in almost 50 years and is progressive in its approach to...

Upcoming deadline for registering trusts

What are the new rules? In 2017 the UK introduced new anti-money laundering regulations requiring certain trusts with a tax liability to be registered with HMRC’s new Trust Registration Service. In 2021 the Government expanded these rules so that,...

Costs orders in Children Act Proceedings

The starting point is always that each party will pay their own legal costs in private children proceedings, regardless of the outcome of the case. The case of Re T (a child) (2005) confirms that it will be exceptional for the court to make a costs order...

We're all going on a summer holiday?

If you and your partner/other person with parental responsibility of your child cannot agree on when you will each spend time with your child over the school summer holidays or your partner/other person with parental responsibility of your child is...

Can I take my child on holiday?

The answer to this question depends on what arrangements have been put in place. If there is no court order in place regarding the arrangements for your child, you would require the permission of those who have parental responsibility for the child. I...

Employment Law Bulletin - July 2022

Welcome Normally in employment tribunal cases, the tribunal will only make decisions about issues that are raised in the pleadings (the ET1 and ET3) and/or those agreed between the parties during the case management process. The recent case of Osinuga v...

How do I get parental responsibility?

You may have found yourself in a situation where you need parental responsibility in order to properly care for a child. Parental responsibility can be obtained in a number of ways, depending on your relationship with the child. What is parental...

TO PRE/POST-NUP OR NOT TO PRE/POST-NUP?

Introduction   Whilst it is always hoped and expected that your marriage will last a lifetime, sometimes, these wishes are not fulfilled. In the event of this, and to avoid litigation, it is sometimes a preference for both parties to sign an...

CAN I CONTEST A NON-MOLESTATION ORDER?

The short answer is yes: if a non-molestation order is made against you, you can challenge it.   Background   A non-molestation order prevents an individual who is in some way connected to the applicant from having any contact (Family Law Act,...

How does separating from my spouse affect Capital Gains Tax?

Typically married couples will be exempt from Capital Gains Tax (CGT) when they transfer (or sell) assets between themselves. This is because the disposal of assets is not treated as ‘chargeable’. The law states that the transfers between spouses...

Cohabitation Agreements

Currently, unmarried couples in England and Wales do not have any legal rights if they separate, this is very different to couples who are married. Many couples believe that if they have been living together for a number of years then this is classed as a...

Employment Law Bulletin - June 2022

Welcome Section 100(1)(d) and (e) of the Employment Rights Act 1996 provides employees with protection from dismissal if they exercise their right to leave the workplace or refuse to return to it, or take other steps to protect themselves, if...

Employment law bulletin - May 2022.

Welcome Employees have the right not to be unfairly dismissed. For a dismissal to be fair, an employer must show that they have a potentially fair reason to dismiss - such as conduct or redundancy - and that they acted reasonably in treating...

Preparing for Mediation as a Solicitor: Controlling the Controllables

Following a successful mediation last Tuesday (a Settlement Agreement was signed by around 7pm), I reflected generally on what the controllables are that one can control, or at least try to control, as a mediation advocate and as the solicitor representing...

Fraudulent Calumny: Poisoning a Testator's Mind

The recent case of Whittle v Whittle  indicates that poisoning a potential testator’s mind against another beneficiary by casting dishonest aspersions upon his or her character, where the person making the aspersions either knows them to be...

Unfair prejudice: what kind of conduct is relevant?

Just because a shareholder doesn’t like how the company is being managed doesn’t mean the court will make a finding of unfair prejudice. In  Primekings Holding Limited v Anthony King [2021] EWCA Civ 1943 the Court of Appeal...

Employment Law Bulletin - April 2022

Welcome Employers dread the vexatious litigant. Even the most spurious of tribunal claims takes up valuable management time and incurs legal fees to defend. The judgment of the EAT in Attorney General v Taheri will be a salve to those employers...

No Fault Divorce

From 6 April 2022, new legislation has bought significant changes in the divorce process.  The Divorce, Dissolution and Separation Act 2020 replaces the previous “five grounds” for divorce, and therefore allows couples to divorce without...

Unfair prejudice: how long is too long?

In a recent case the Court of Appeal considered whether a delay of 17 years in presenting an unfair prejudice petition was too long. Background Andrew Bailey presented a petition in respect of Cherry Hill Skip Hire Ltd (“ the Company ”). He...

Unfair prejudice: when is a just and equitable winding up appropriate?

The recent case of Haz International Ltd v Yesilkaya [2021] EWHC 1695 (Ch) highlights some of the key considerations of the court when a petitioner seeks a just and equitable winding up of a company. Facts Mr Il and Mr Yesilkaya were directors and...

Information on Shareholders' Agreements

A shareholders’ agreement is an agreement between the shareholders of a company and often the company is also a party. The agreement can be between all or some only of the shareholders (for example the holders of a particular class of shares). The...

Difference between Non-Molestation Orders And Restraining Orders

In certain situations, such as being a victim of domestic abuse , an individual may feel they need protection from another person who is “connected” to the abuse. In this case, they are usually able to apply for a Non-Molestation Order. A...

Insurance claims: the duty of fair presentation

The Insurance Act 2015 puts the duty on policyholders to provide a “ fair presentation of the risk ” to the insurer of entering the policy. This requires “ disclosure of every material circumstance which the insured knows or ought to know...

My tenant is not paying rent, what can I do?

COVID-19 has taken its toll on a number of individuals and businesses, including their ability to pay rent. Whilst the government put moratoriums in place to protect tenants during the lockdowns, those moratoriums have now been lifted.  Subject to...

Declaration of Parentage

A declaration of parentage states whether a named individual is, under English law, another individual’s parent. This can then be presented to the General Register Office, who have discretion about whether the father should be named on the birth...

My Spouse Is Ignoring the Order for Sale of the Family Home. What Can I Do?

The classic scenario is that the person comfortably housed in the property wants to stay there for as long as possible and the other person is desperate to sell perhaps because they are living in rental accommodation and unable to move on until they get...

Stamp Duty on Shares

Stamp Duty is a familiar term that you may hear when purchasing your home, but Stamp Duty is also a tax paid by the buyer when that buyer purchases shares in a UK company outside of an electronic system such as Crest (when Stamp Duty Reserve Tax would be...

How do I get my tenants to move out? (residential)

Sometimes your tenants are not paying rent and you cannot afford to have them stay in the property when you need to pay the mortgage. Sometimes you simply want your property back. Whatever the reason, we can help find a solution to getting your tenants to...

I Have Been Separated for 20 Years - Am I Divorced?

Although often assumed, no matter how long you and your spouse have been separated for, this does not automatically mean that you are divorced. It is essential to follow the divorce process and apply for your Decree Nisi and then Decree Absolute. ...

Adultery and Same Sex Couples in Divorce

Irretrievable breakdown of marriage is the sole ground for divorce in England and Wales.  However, to establish this ground, a ‘fact’ must be proven.  One of these facts is adultery. Same sex couples, however, are unable to use...

Security: Debentures

A debenture is an instrument of security granted by a borrower to a lender, and if granted by a corporate borrower, is registered at Companies House against the borrower’s name. A debenture provides to the lender security over the borrower's...

Does My Partner Have a Claim to My House Even if Were Are Not Married?

If you are not married and the property is in your sole name then your cohabiting spouse does not generally have an interest in that property.   However, where a cohabiting partner makes financial contributions to the property for example paying...

Will COVID-19 Constitute a Barder Event in Financial Proceedings Following Divorce?

A ‘Barder Event’ describes a circumstance when an unexpected and unforeseen event invalidates the fundamental basis upon which a financial remedy order was made.  If such criteria are satisfied, the Court can revisit and alter the previous...

Employment Law Bulletin - March 2022

Welcome The Agency Workers Regulations 2010 (AWR) are derived from EU law. They aim to strike a balance between protecting agency workers and preserving the benefits of flexibility that using an agency provides to both businesses and workers. The AWR...

My Spouse Is Divorcing Me Based on My Unreasonable Behaviour. Do I Have to Co-operate When This Is So Unfair?

As the law stands currently in order to get divorced before 2 years have elapsed since you and your spouse separated you or your spouse has to rely upon a fault based fact to evidence the irretrievable breakdown of your marriage to the court.  This...

Can I change my child's name?

In order to change a child’s name who is under the age of 16, whether that be forename or surname, all those with parental responsibility have to be in agreement.  If those with parental responsibility are in agreement, then simply a change...

My spouse is ignoring the divorce proceedings. What should I do?

In order for your divorce proceedings to progress to the Decree Nisi stage you have to be able to prove to the court that your spouse has received your divorce petition and has had the opportunity to respond to it.   It can therefore be very...

The Enterprise Investment Scheme (EIS)

The Enterprise Investment Scheme has been available for investments since 1994. It is a tax efficient scheme which was introduced to encourage equity investment in new and small companies. The EIS offers tax reliefs to individual investors who buy new shares...

Employment Law Bulletin - February 2022

Welcome Section 230 Employment Rights Act 1996 sets out the legal definitions of employee and worker. To be a worker – and gain the benefits of paid holiday and national minimum wage - there must be a contract between the business and the...

What is a Personal Guarantee?

A personal guarantee is a promise, given by an individual, to ensure that a third party fulfils its obligations and/or a promise to fulfil those obligations if that third party fails to do so. The individual who signs is a personal guarantee is therefore...

We are recently engaged, should we be discussing a pre-nup?

An engaged couple may consider preparing a  pre-nuptial agreement  documenting what should happen to their assets in the event that their marriage comes to an end. Such an agreement may be contemplated, in particular, in the following...

Restrictive Covenants in a Business Transaction

A restrictive covenant is also known as a negative covenant. It is an agreement or promise restricting the person or persons giving the covenant from taking certain actions. In a business context, a restrictive covenant is a clause in a contract or...

Griffiths re Griffiths and another 2022

The family court has recently been asked to consider a mother’s appeal against an order made in Child Arrangements Proceedings that she should contribute to the costs of maintaining the parties’ child’s contact with their father.  ...

Buying a Business? Perform Due Dilligence

Due diligence is the process by which a prospective buyer of a company or business (the target) investigates the target to support its value and find out whether there are matters on which it requires further information or which it should use as a platform...

What are my options for dealing with financial matters on divorce?

If you wish to separate from your spouse and deal with the financial matters arising from your separation there are a range of options as to how this can be done: Reaching a direct agreement- some parties reach an agreement directly as to how they wish...

What key mistakes do I need to avoid when getting divorced?

Separation and divorce can be a stressful time and the process itself may seem daunting or overwhelming at the outset. For many people, they will not have been through the process before and so the steps needed are all new and unknown.  At George Green...

What is an Earn-out?

An earn-out is a deferred payment based on the post-completion performance of the target company. The earn-out is normally calculated with reference to the target company’s profits over a period post completion, but may be linked to other financial or...

Coronavirus update: Legislation permitting the remote witnessing of Wills is extended. What are some of the risks?

Will formalities  Under the Wills Act 1837, a Will must be signed by the testator in the presence of two independent witnesses who have no interest in the Will. The witnesses also sign the Will and each state their name, address and occupation. This...

Can I get divorced without my spouse knowing about it? Family Law

The short answer to this is no.  The Court will want to know the other party is aware of the proceedings and has the opportunity to engage.  However, if they have been personally served with the paperwork and still do not engage, the Court can...

Employment Law Bulletin - January 2022

  Welcome Section 6(1) of the Equality Act 2010 sets out the statutory definition of disability. A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their...

Does being in a new relationship impact my divorce settlement? Family Law

If you are in a cohabiting relationship with another person, you will need to disclose the assets and income of the cohabitee within the financial disclosure process. The Form E has a question relating to new partners and failure to answer the question will...

What are Completion Accounts?

Completion accounts are a method which may be used to confirm and/or adjust the purchase price, post completion when buying or selling the shares in a company. It may be something that the parties may consider if, for instance, the historic financials (e.g.,...

What are Alphabet Shares?

The term "alphabet shares" is typically used to describe different classes of shares which have been designated a letter (‘A shares’, ‘B shares’, etc.) in order to distinguish between the different rights attached to the...

What happens if I cannot attend a Court hearing? Family Law

If you cannot attend a family law court hearing, the Court could make orders in your absence. You may also have it pay the other parties wasted legal costs for the ineffective hearing.  This could be avoided by an application to adjourn the hearing...

Estate Administration - How Can Our Private Client Team Help?

Suffering a bereavement of a loved one can be one of the most challenging times many of us go through during our lives. If your loved one left a will and named you as executor, you may wonder exactly what is expected of you.   Many people find it...

What is a Pre-Nuptial Agreement?

Although something that many of us do not want to think about at the time, it is very important to protect assets when getting married, especially where a business interest is concerned. A Pre-Nuptial agreement is a contract entered into before marriage...

What is a Share Buyback?

A share buyback is a purchase by a company of its own shares from shareholders. The shares “bought back” are then effectively cancelled. A limited company is only permitted to purchase its own shares in accordance with Part 18 of the Companies...

Should I make a Cohabitation Agreement?

Over recent years there has been a drastic rise in people cohabiting without getting married.  Many believe that cohabitants are afforded the same legal rights on separation as married couples getting a divorce .  Unfortunately this is not the...

Asset Sales vs Share Sales

The key difference between an asset sale and a share sale is the nature of what a potential buyer will acquire. In a share sale, the buyer acquires the shares of the company which may own an underlying trade and assets of a business. The buyer will be...

Do I need Heads of Terms?

In a business or share sale, the heads of terms set out the road map of the transaction and the key commercial terms. What are Heads of Terms? Heads of terms (also known as letters of intent or memoranda of understanding) are a short document between a...

Who has Parental Responsibility?

Parental Responsibility means having all the rights, duties, powers, responsibilities and authorities which, by law, a parent of a child has in relation to the child and their property.  Certain important decisions in a child’s life require...

Divorcing somebody with a Narcissist personality

At George Green solicitors, our expert family team are very aware of the signs of narcissistic personality disorder in terms of divorce, finances and children matters .  Having the right solicitor to guide you through a divorce from a narcissist is...

What is a Joint Venture?

A joint venture is a common way of combining the resources and expertise of two (or more) otherwise unrelated companies. It is an arrangement, namely a Joint Venture Agreement , between two or more participants who agree to join together to achieve a...

Employment Law Bulletin - November 2021

Welcome There have been a number of gig economy cases examining whether individuals satisfy the definition of ‘worker’ under s230(3)(b) of the Employment Rights Act 1996. The latest case in front of the Court of Appeal, Stuart...

How do you apply for a Non-Molestation order?

A non-molestation order is used to protect victims of domestic violence .  The order prevents an abuser from ‘molesting’ the victim.  This extends to protecting from physical violence, messaging, stalking and harassment.  If this...

Tax: Preserve Family Wealth through a Family Investment Company

George Green solicitors have worked to deliver a tax efficient solution to preserving a family’s wealth through a Family Investment Company (FIC). Do you have clients who wish to achieve any of the following objectives? • Protect their...

Attracting and Retaining Employees: Potential "Skin in the Game"

Emerging out of the pandemic, businesses might want to consider how to reward, repay and incentivise existing employees, and also how to attract good quality candidates to enable and facilitate recovery plans. If preservation of cash will have greater...

Unfair prejudice: is a buyout order the only solution?

The recent case of Re Macom GmbH (UK) Ltd [2021] EWHC 1661 (Ch) highlights the wide discretion of the court when considering unfair prejudice. Even when a court decides that a party’s conduct constitutes unfair prejudice, it does not always order a...

Can I change the ownership of my property if we are separating?

When you own a property with someone, you can own it as joint tenants or tenants in common. If you own your property as joint tenants, you both have equal rights to the whole property and the other owner will automatically inherit the property regardless of...

Organising child arrangements following separation

If you and your partner separate, one of the many issues to discuss is how a child’s time will be divided between the two households.  It is presumed to be in a child’s best interest to have a meaningful relationship with both parents...

How long does getting a divorce take? Matrimonial Blog

The process of getting divorced begins by one person submitting a divorce petition . This can be done online.   The Court will then process the application and assign it with a case number. This can take 1 to 2 weeks on average however will be...

Do I need a consent order to confirm our financial agreement? Divorce and Finances

You might have obtained your Decree Absolute and believe that your divorce is now concluded.  However whilst the Decree Absolute might formally end your marriage, it does not dismiss the financial claims that you and your ex-spouse have against one...

Unfair prejudice petitions: how do I prove that the prejudice is unfair?

When oral evidence is not enough – the recent case of Re Electrical Control Installations Ltd [2021] (05 October 2021) highlights the importance of contemporaneous documentation to evidence unfairness in a successful petition under section 994 of the...

I don't agree with the examples of unreasonable behaviour that my spouse has included in their divorce petition. What can I do?

It is good practice for a draft copy of the divorce petition to be sent to the Respondent before the Petitioner sends the same to the Court. This allows the Respondent opportunity to request any amendments if they feel strongly about anything included within...

Employment Law Bulletin - October 2021

Welcome The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 do exactly what it says on the tin. They prevent an employer treating a part-time worker less favourably than their full-time colleagues on the grounds of...

Can you delay a Decree Absolute?

A Decree Absolute formally and legally ends a marriage entirely.  Under certain circumstances, the petitioner of the divorce may wish to delay the granting of Decree Absolute. The Court will be required to consider all the circumstances of both...

High Court rules that Prince Philip's Will must remain secret for 90 years

Following the death of HRH Prince Philip back in April this year, we discussed the possible contents of Prince Philip’s Will and considered to whom he may leave certain elements of his estate. We now know that for the next 90 years and possibly...

I've received an issued Divorce Petition from the Court. What can I do if I don't want to get divorced?

In order to obtain a Decree Nisi, the Petitioner in the divorce (the party that sends the divorce papers to the court) has to prove to the court that the Respondent (the other party to the marriage) has received the issued Petition.  The Petitioner...

Our jointly owned property has been sold, can we immediately divide the sale proceeds between us?

Upon separation, a married couple may place their property on the market for sale and may have reached an agreement as to how the sale proceeds should be divided between them. Divorcing couples are always advised to have the agreement they have reached in...

Can a parent change a child's school without the other parent's consent?

A parent cannot unilaterally change their child’s school without the other parents’ consent, if the other parent holds parental responsibility. Important decisions such as a child’s education, medical decisions and religion require the...

The executor to my father's will is not performing his duties: what options do I have?

Our contentious probate solicitors are frequently asked to deal with disputes between executors and beneficiaries. Sometimes, beneficiaries are kept completely out of the loop by executors. On some occasions, more serious issues arise when executors show...

Employment Law Bulletin - September 2021

Welcome The European Court of Justice cast its judgment in two German cases where Muslim employees were banned from wearing headscarves in the workplace. Although the judgment isn’t binding in the UK, courts and tribunals may take the...

We want to get divorced, but neither of us want to leave the family home. Can we start the divorce whilst still living together?

The short answer to this question is yes. It is possible to get divorced whilst still living under the same roof as long as you are genuinely living separate lives. You would be expected to have separate bedrooms, eat separately, socialise...

UPDATE - THE TRUST REGISTRATION SERVICE

On 1 September 2021, a major change in the registration of trusts came into force when the Trust Registration Service (TRS) – part of HMRC – opened for non-taxable trust registrations. Previously, it had only been necessary to register taxable...

My spouse has cheated on me. Should I divorce them relying upon their adultery?

As the law stands currently, in order to get divorced before 2 years have elapsed since you and your spouse separated, you have to rely upon a fault based fact to evidence the irretrievable breakdown of your marriage to the court. This essentially means...

What is a Scott Schedule in Family Law proceedings?

Where the court is being asked to consider a finding of fact, the court will direct that a Scott Schedule is prepared in advance. The purpose of the schedule is to summarise and list allegations that need to be decided upon by the court.    ...

What is a Fact Finding Hearing?

A fact finding hearing is a hearing whereby a judge considers a contested factual dispute, usually relevant to the welfare of children or any allegation of domestic abuse .  When an allegation is made and the other party disputes it, the Court will...

Law reform update: Labour MP meets with Justice Minister to discuss wills and predatory marriages

On 22 June 2021, we published a blog post about Labour MP Fabian Hamilton who had raised the issue of predatory marriages during Prime Minister’s Questions, calling on the government to reform this area of the law .   This issue has now...

What are my property rights as a cohabitee?

When unmarried cohabitees separate there is often a dispute around who owns the “shared” property.  The general starting point is that the couple’s equitable property rights will mirror the legal property ownership shown on the...

What is a Decree Nisi and a Decree Absolute?

The Decree Nisi is a Court order confirming that the Applicant is entitled to a divorce whereas the Decree Absolute formally and legally ends the marriage entirely. Once the Decree Nisi is granted, the marriage still exists and the parties are still not...

Legal brief: trademark infringement case backfires - a cautionary tale

The 2021 case of Fox Group International Limited (“ Fox ”) v Teleta Pharma Limited (“ Teleta ”) is an example of an intellectual property case backfiring. Fox, a supplier of cosmetic products, had a distributor agreement with...

What can I do if my spouse ignores my divorce petition?

The respondent to a divorce application must complete the acknowledgement of service form which confirms that the petition has been received and gives the respondent the opportunity to defend proceedings or comment on the contents of the petition if they...

No-fault divorce commencement date to be pushed back

The Ministry of Justice have confirmed that The Divorce, Dissolution and Separation Act 2020, which was due to come into force this year, has now been delayed until 6 April 2022. The delay is due to “full and rigorous” testing of the new system...

Rochford v Rochford [2021]: Is it risky to leave nothing in your will to your children, even if they are adults?

  For those considering who to leave their estate to after they die, a tricky dilemma can often arise when considering the question of their own children. For various reasons, a testator may not consider it appropriate to leave anything to their child...

How do I gain Parental Responsibility?

Parental Responsibility is defined under the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.  In practice, this allows...

Employment Law Bulletin - July 2021

Welcome Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to all employees which disadvantages a group of people who share a protected characteristic (such as race or sex). Indirect discrimination can be...

Executor removed from £1 million estate in recent Will Dispute case

In the recent case of Ugolor & Ors v Ugolor [2021] EWHC 686 (Ch), the Defendant was removed from his position as executor of his mother’s estate following an application made by the Defendant’s three siblings (the Claimants).   In the...

Will getting divorced affect my pension entitlements?

Pensions are often one of the most valuable assets and therefore the court will consider them relevant when deciding the financial settlement in divorce proceedings .  Pensions are most likely to be relevant in dividing the matrimonial assets when the...

I am no longer living at the family home. Can I stop contributing to the running costs now that we are getting divorced?

This will depend very much on the circumstances of the case.  You should consider taking advice regarding the level of interim support it would be appropriate to provide (if any). If you are a high earner and have supported your spouse over the course...

Wills and predatory marriages: Reforms to the law called for at Prime Minister's Questions

Labour MP for Leeds North East, Fabian Hamilton, has called on the Prime Minister and his government to reform the law in relation to so-called ‘predatory marriages’.   Speaking in the House of Commons during Prime Minister’s...

We have been separated for two years. Can I divorce my spouse relying upon our separation?

It is unfortunate that in order to get divorced straight away without waiting for two years you have to allege fault against your spouse. There is no question that relying upon two years of separation and the consent of your spouse is a much more amicable...

Employment Bulletin - June 2021

Welcome An employee is constructively dismissed if an employer fundamentally breaches their employment contract, entitling the employee to resign in response and say they were dismissed. The employee must not ‘affirm’ the contract,...

I don't want to get divorced. Can I just ignore the papers?

If your husband or wife wants to divorce you, while you can cause them delay, frustration and additional expense eventually, they will succeed.  You also need to be mindful of the fact that they could pass those additional costs onto you if they are...

High Court finds in favour of children left out of father's estate in recent will dispute case

In the recent case of  Re R (Deceased) [2021] EWHC 936 (Ch),  the High Court granted the award of £186,000 to two children left out of their father’s will. The two children, who were both under the age of 18 at the time of the claim...

Who are CAFCASS?

CAFCASS is the Children and Family Court Advisory and Support Service and is involved in public law cases involving local authority care proceedings and private law matters, such as where an application is made to the Family Court for a  Child...

High Court refuses to grant award to adult children left out of father's Will in recent will dispute case

The case of  Miles & Anor v Shearer [2021] EWHC 1000 (Ch ) concerned a claim under the Inheritance (Provision for Family and Dependants) Act 1975 brought by the two adult daughters of top banker and former head of merchant bank Singer...

Can I have a say in where my child goes to school?

Anyone who has parental responsibility for a child should have the opportunity to be involved in key decisions for that child. This will include decisions in respect of their health, any changes to their name and in respect of their education. As such, both...

Do I have a right to see my Grandchildren?

In most cases following the breakdown of a relationship between parents, the contact that grandparents have simply forms part of the contact that they have with the parent that belongs to that side of the family.  There are however some very...

Coronavirus update: remote witnessing of Wills. Welcome reform or problems ahead?

As the country continues to ease out of the third lockdown, it seems a good opportunity to reflect on one of the most significant legal changes, in the Private Client world at least, that occurred during the pandemic –  the remote witnessing of...

Employment Law Bulletin - May 2021

Welcome The Uber v Aslam domino rally has begun. In Addison Lee v Lange, the Court of Appeal has refused the employer permission to appeal the EAT’s decision that Addison Lee drivers are workers. Addison Lee provided private hire and courier...

Banks v Goodfellow test upheld by the High Court in recent will dispute case

In the recent case of  Clitheroe v Bond [2021] EWHC 1102 (Ch),  the landmark test established in  Banks v Goodfellow [1870]  for assessing testamentary capacity has been upheld by the High Court. The facts of the case concerned Jean...

Should I wait for no-fault divorce?

A bill to introduce no-fault divorces in England and Wales finally received backing from MPs in 2020. The  Divorce, Dissolution and Separation Bill  has now reached the finishing line of its parliamentary journey and time will now be taken to...

Probate has been stopped by a caveat, can I remove it?

The issue of caveats arises frequently in will disputes and contentious probate cases. A caveat is a formal notice which is lodged at the probate registry which stops a grant of probate or a grant of letters of administration being extracted. The lodging...

My spouse will not co-operate with the financial side of the divorce? What can I do?

In normal circumstances the parties to a divorce have the opportunity to come to a decision on the financial side between themselves (and just instruct their solicitors to make that agreement formal and legally binding) or they can reach agreement through...

What is food crime?

Food crime has been defined by the Food Standards Agency as serious fraud and related criminality in food supply chains. It also includes activity impacting on drink and animal feed.  As food crime can be seriously harmful to consumers, food businesses...

The death of HRH Prince Philip Duke of Edinburgh

The nation is in a state of mourning after the death of the Queen’s husband, Prince Philip, Duke of Edinburgh, aged 99. When a person dies, one of the most important questions is who will inherit that person’s property. Whilst Prince Philip...

We are getting divorced and have no assets. Is there any point in getting a financial order?

The short answer to this question is yes.  While there is no absolute legal obligation to deal with the financial aspects of the divorce , if you don’t do so there is a real risk that that decision could come back to haunt you at a later...

Employment Law Bulletin - April 2021

Welcome The Supreme Court has given the final word on whether workers should get paid the national minimum wage for sleeping. The case law in this area has been conflicting, with different courts giving different judgments based on similar...

Builder Fined for Trading Standards Breach

Andrew Fennell, a builder, undertook work on an extension at a Stourbridge property that was so substandard that it had to be demolished and rebuilt. He was sentenced at Dudley Magistrates’ Court following a prosecution by Dudley Council’s...

Divorce for over 60s - is there anything in particular to consider?

Separation and divorce can be difficult at any age. The process itself is of course the same at whatever age the parties divorce. However, there may be additional or different points to consider if divorcing close to retirement age or older. Examples of...

Contested will of £900,000 estate amended by the High Court in recent case

In the recent case of  Mundil-Williams v Williams and others [2021] EWHC 586 (Ch) ,   the High Court considered the last valid will of Mr John Williams, who died in 2017 at the age of 91. He had four sons, first Timothy, who was the claimant in...

How do I make a financial claim on behalf of my children?

If you are a parent or have a Child Arrangements Order confirming that the child lives with you, you may be able to claim against the other parent in respect of the financial requirements or needs of the child living with you. Under Schedule 1 of the...

Lasting Power of Attorney

Lasting Power of Attorney Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place....

Applying to vary an existing Child Arrangements Order

The Court will only vary an existing Child Arrangements Order if it is in the child’s best interest to do so.  The Court apply the “welfare checklist” which takes into account the following factors: The ascertainable wishes...

My step-father has died and he has left me out of his will. Can I bring a claim?

If you have been left out of a will, the operation of the Inheritance (Provision for Family and Dependants) Act 1975, “the Act”, allows certain categories of people to apply for financial provision from the estate following the testator’s...

Claims for spousal maintenance if you have a disability

When assessing if and how much maintenance a party should receive, the court will consider the factors listed within s.25 of the Matrimonial Causes act 1973 (also known as the “section 25 Factors”). Disability, whether it be physical or mental,...

£8,000 fine for Food Hygiene Breach

Greene King Retail Limited, the operator of a Dudley pub, has been fined £8,000 following an inspection by Environmental Health Officers at the Bramford Arms in October 2019.  During the inspection evidence of mice was found at the premises. ...

Return Of Jewellery Following Divorce

In some cultures, it is common for members of the bride’s family to gift jewellery to the husband at the wedding, and members of the husband’s family to gift jewellery to the bride. If the parties subsequently separate, the parties may want the...

Employment Law Bulletin - March 2021

Welcome The long running Uber v Aslam saga has finally come to an end. The Supreme Court has confirmed that Uber drivers are workers rather than self-employed contractors. As such, drivers are entitled to basic employment rights such as the national minimum...

Food Business Operator fined for hygiene breaches

Birmingham City Council’s Environmental Health department conducted an inspection at Ocean Blue Fish Bar, Erdington, Birmingham, on 7 January 2021. They discovered a number of food hygiene breaches at the property including the presence of rat...

Alcohol testing in Children Act Proceedings

The Court only need to become involved in deciding the arrangements for children if parents cannot agree the arrangements between themselves. One parent might be concerned about the children spending unsupervised time with the other parent, as a...

HSE carrying out Covid compliance spot checks - is your business compliant?

The Health and Safety Executive has confirmed that it is undertaking spot checks and inspections on all types of businesses in all areas to ensure they are COVID-secure and to check that the measures in place comply with government guidance. HSE is also...

What is a Prohibited Steps Order and when is it used?

A Prohibited Steps Order is an order granted by the court which prevents a parent from doing something with a child or children.  It allows the court to apply a restriction upon a mother or father’s parental responsibility. For example, a...

Is No-Fault Divorce coming soon? The Progress of Divorce, Dissolution and Separation Bill

The Divorce, Dissolution and Separation Bill received royal assent on 25 June 2020 and became law.  It amends the current Matrimonial Causes Act 1973 and Civil Partnerships Act 2004 to remove the requirement for couples to blame each other for the end...

Family feud ensues over disputed 'DIY' will of £300,000 estate

Mr William Tibbles, a former car dealer, passed away at the age of 75 in February 2018. Mr Tibbles had five children, comprising of his four daughters Terri and Kelly (who were twins), Susan and Cindy, and a son, Paul. The first will, drafted by solicitors...

Employment Bulletin - February 2021

Interim relief is a powerful employee remedy. Section 128 of the Employment Rights Act 1996 sets out the limited circumstances in which it can be sought: for dismissals relating to trade union or health and safety representative activities, and...

Firm fined for Covid Breaches

NCF Carpets, a Sandwell carpet and furniture store, has been served with a Fixed Penalty Notice in the sum of £4,000 for failing to comply with Covid-19 requirements. It allowed people into its store in Cape Hill, Smethwick and has now been...

Do I have to get a solicitor for a divorce?

There is no requirement to instruct a solicitor or lawyer to deal with your divorce . However a solicitor acting for your spouse cannot provide you with legal advice. A solicitor instructed by your spouse will act only in accordance with your...

How long do I have to wait to apply for my Decree Absolute?

If you are the Petitioner in Divorce Proceedings (the person who applied for the divorce) you cannot apply for Decree Absolute until 6 weeks and 1 day have passed from the date of your Decree Nisi. In exceptional circumstances an application may be made...

My Mum has dementia. Can she still make a will?

With cases on the rise, today’s blog explores the issue of dementia in relation to making a will. One million people in the UK are expected to have dementia by 2025, increasing to two million by 2050, according to recent research produced by...

Face Coverings At Work

The Department for Business, Energy and Industrial Strategy (BEIS) has provided detailed guidance for specific workplace settings. Employers are required to ensure that a risk assessment is prepared for their business which considers the risks arising from...

What happens if there is a mistake within a court order?

It is not unknown that occasionally there can be a mistakes within court orders that have been approved by the court. One party might then be left thinking they are bound by the terms of the court order which are incorrect. This came to light recently in a...

Can the court order a DNA test for a child if the Dad doesn't think that he is the father?

If the court takes the view that the Child Arrangements Order cannot be made without it the court can ask Cafcass (the body that provides advice to the court regarding the best interests of children involved in family court proceedings) to arrange for a DNA...

What does giving an undertaking to the court mean?

An undertaking is a legally binding promise to the court. The promise can be either to complete an action or to prevent an action taking place. For example, in financial remedy proceedings, you may give an undertaking to pay the mortgage payments on the...

Drinkers fined after being found in pub 'watching TV with staff'

The Plough Inn in Nottinghamshire has been found to be in breach of the current Covid restrictions. They were found to have allowed customers to drink and watch television with a member of staff. The police fined the owners £1000 and seven members of...

What is the legal test for breaching a Child Arrangements Order?

Separated parents may have a Child Arrangements Order in place detailing how their children are to spend time with them. It is common for an order to state the child lives with one parent and spends time with another; and there may be details within...

Employment law protection - are properly you covered?

“These are highly uncertain times for businesses, with a heightened vulnerability to Covid-19 related employee claims.  So do you have the level of protection you need?” Is your business covered for employee disputes arising from...

State Pension Valuation and Divorce - Financial Consequences of Marriage Breakdown

When you are in the process of divorce proceedings and making attempts to resolve the division of financial assets, your lawyer will advise you (or the court may order you to) engage in the process of financial disclosure. Part of the disclosure process...

COVID-19 and insurance: can you recover your lockdown losses from your insurer?

COVID-19 and insurance: can you recover your lockdown losses from your insurer? On 15 January 2021, the Supreme Court handed down a high profile judgment which is likely to result in a significant number of insurance pay outs for small businesses. The...

Can I exclude my children from inheriting under my will?

The decision of who to leave your estate to after you die is arguably the most personal aspect of writing a will. Sometimes, perhaps because of relationship breakdown, you may wish to exclude immediate family from inheriting under your will. Alternatively,...

What happens at a Finding of Fact hearing?

Where there is a contested factual dispute which is relevant to the welfare of children or domestic abuse, the court may deem it appropriate for a Finding of Fact hearing to take place. This gives the court the opportunity to hear oral evidence of the...

Ambiguous will of former professional British racing driver considered by the High Court

The recent case of Knipe v British Racing Drivers’ Motor Sport Charity and others [2020] EWHC 3295 (Ch) concerned the will of former British racing driver, Barrie Russell Williams. Mr Williams, a respected figure on the British racing circuit and...

What options are available to resolve a family dispute?

There are numerous issues that arise following the breakdown of a relationship or marriage, including but not limited to divorce proceedings , child arrangements and financial arrangements. There are various options available to help resolve the issues and...

Employment Bulletin - January 2021

Welcome One consequence of the ending of the UK’s transition period following its exit from the EU is that the Government is now free to make changes to employment law that would not have been possible before. There are some limits,...

Employment Bulletin - January 2021

Welcome One consequence of the ending of the UK’s transition period following its exit from the EU is that the Government is now free to make changes to employment law that would not have been possible before. There are some limits,...

What is a Scott Schedule in Family proceedings?

A Scott Schedule is a schedule or table used in family proceedings when the Court is being asked to make a finding about allegations or facts that are in dispute. The schedule or table will summarise the allegations that are in dispute and will allow the...

How will Family Law change in 2021?

How will Family Law change in 2021? In this blog one of George Green’s Family Law solicitors , Aimee Stokes, predicts how family law might change in the upcoming year.  Family law is a wide area of the law that covers divorce, division of...

What happens at an FHDRA (First Hearing Dispute Resolution Appointment)?

FHDRA stands for First Hearing Dispute Resolution Appointment and is, generally, the first court hearing in Child Act proceedings. At an FHDRA, the Court will look at the issues involved and consider how the matter should be progressed. If the parties are...

Will completion of my divorce end all financial claims that my spouse has against me?

Married couples in England and Wales have financial claims against each other in respect of income, capital and pension. These financial claims do not automatically come to an end once the Decree Absolute has been granted and once the divorce is complete....

What is a Matrimonial Home Rights Notice?

When a spouse or civil partner is not named on the title to the family home they still have rights of occupation of the property.  If your marriage or civil partnership breaks down and the family home is held in the sole name of your spouse or civil...

A non-molestation order has been made against me. Will I lose my job?

The making of a non-molestation order does not have the same impact as a criminal conviction.  The standard of proof is not as high as in criminal proceedings and it can be put in place by agreement without any findings being made against the...

Parental Responsibility - what can and can't I do?

Most parents will exercise their Parental Responsibility day to day without realising. However, when parents separate, it can become at the forefront of their minds. There are many misconceptions about what Parental Responsibility entitles a parent to do;...

Will completion of my divorce end all financial claims that my spouse has against me?

Married couples in England and Wales have financial claims against each other in respect of income, capital and pension. These financial claims do not automatically come to an end once the Decree Absolute has been granted and once the divorce is complete....

Cutting plant in Bristol to pay more than £60,000 for hygiene failings

Prosecuted for six breaches of hygiene regulations, a meat cutting plant were found to have failed to apply ID marks to poultry carcasses, re-used cardboard boxes and processed over temperature meat.  The company previously had multiple warnings...

Can a parent change a child's school without the other parent's consent?

A parent cannot unilaterally change their child’s school without the consent of anyone else who holds Parental Responsibility (usually the child’s other parent). Any such unilateral change is not only damaging for the child, but disregards the...

What can I do if my former partner breaches a Child Arrangements Order?

It can be very difficult for some separated parents to reach an agreement as to the arrangements for their children’s care. As such, they may be required to apply to the Court for a Child Arrangements Order which would confirm who the children are to...

What are lump sum payments in a divorce settlement?

At George Green our Family Solicitors always advise clients to consider reaching a financial settlement with their spouse upon separation. A financial settlement can help to avoid any outstanding financial claims in the future even after your divorce has...

How do I begin divorce proceedings?

Divorce proceedings can be started by either spouse once they have married for at least 12 months. A divorce petition cannot be issued within the first year of the marriage unless there are exceptional circumstances. To start divorce proceedings, the...

Should I delay applying for my Decree Absolute in divorce?

Often the party applying for the Divorce wishes for their divorce to be complete as soon as possible. However there are a number of reasons that a person would be well-advised to consider delaying their Decree Absolute application, as the timing of...

Can my stepmother leave her estate to her own children and exclude me from her will?

As a starting point, a testator has testamentary freedom to choose who they want their Estate to go to, under English law. It demonstrates the testator’s wishes. An exception to this is where a will is found to be invalid. This can happen for many...

If I am due to inherit from a family member in the future, will this be considered in my divorce proceedings?

The extent to which a future inheritance may be taken into account will depend on the wider context of each individual case. That said, in general, the Court are often reluctant to consider a future inheritance when deciding how a divorcing couple’s...

Can a lump sum by instalments be varied? What circumstances is that appropriate?

A court might order a spouse in Financial Remedy Proceedings to pay a lump sum to the other spouse by instalments. This might happen in circumstances when the lump sum is an extremely high amount and it would not be possible for it to be paid in one go,...