Tag Archive for: Family

Brenda Spain

Will a Divorce give me a Clean Break?

/ , , Head of Family Law/ /by

Will a Divorce give me a Clean Break?

A divorce can provide a legal end to your marriage but the divorce itself does not provide an automatic ‘clean break’ insofar as financial arrangements are concerned.

Will a Divorce give me a Clean Break? Here are some points to consider:

  • During the divorce, the scope of the family assets will need to be determined. This can be done in various ways: negotiations through solicitors, the mediation process or in some circumstances, the Courts. Those assets include property, investments, savings, pensions, and your respective income positions. Parties are encouraged to reach a fair division of the assets that have been accumulated during the relationship.
  • How these will be dealt with will be very specific to your case, depending on how long you have been married, your ages, any dependent children etc.
  • Specific consideration is given to business assets, pensions, inheritance, trusts and assets accumulated post-separation etc.
  • In reaching an agreement, it is important to bear in mind the requirement of openness and transparency and sharing of information.

When the matter is concluded, it is equally important to ensure you have a Court-approved Order that is final and binding to prevent any ‘come back’ in the future.

While clean breaks are encouraged (i.e. all financial ties are severed, save for children), this is not always possible and again, will be determined on a case-by-case basis. Financial obligations may continue beyond the divorce and can be affected by future changes in circumstances such as income fluctuations.

“When the matter is concluded, it is equally important to ensure you have a Court-approved Order that is final and binding to prevent any ‘come back’ in the future.”

It is important that you and your assets are protected and you should always seek advice from a Family solicitor, particularly in cases of complexity including businesses, pensions etc. The advice will be unique to you and based on your specific circumstances not only now but in years to come to protect you, your children and to protect you in your retirement years.

Here at Cullimore Dutton, we have solicitors with many years of experience who have dealt with all aspects of Financial proceedings with a range of issues and complexities. This experience is invaluable to you.

If you would like a free initial consultation with a member of our Family Law team to discuss the making of a divorce application, or the financial consequences of doing so, simply click on the “Speak to Our Experts” button on this page, call us on 01244 729 073 or email info@cullimoredutton.co.uk

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Kelly Hughes

Fixed Fee Divorce – Don’t gamble with your future

/ , , Associate Solicitor/ /by

As you may be aware, the divorce law in England and Wales changed in April 2022 with the introduction of the Divorce, Dissolution and Separation Act.

As a consequence of this, we are now pleased to offer a fixed fee for the making of your divorce application. Our fixed fee is £350 plus VAT.

In addition to this you will be responsible for the Court fee, which is ordinarily £593.

Whilst the divorce proceedings themselves have now been simplified, it is extremely important to consider your financial future and to seek legal advice to understand your options and the impact divorce will have on you, your assets and your future.

Many of us make decisions during our lives that take careful planning and thought, such as meticulously planning a wedding, a new bathroom or kitchen, but we see all too often that individuals do not give the same attention to their financial position in a divorce.

Many people are not aware that although you can apply for a divorce and progress that through to the Final Order (previously called the Decree Absolute), once divorced, yes, you are free to re-marry, but unless you have reached a financial settlement and obtained a Financial Order from the Court, you and your former spouse are still financially linked. Without a Court approved, final and binding Order, the door is left open for a former spouse to make a claim against you and your assets in the future.

Don’t get distracted
Our experience is that individuals can often become distracted with the divorce process itself and not give sufficient consideration to the financial aspects that arise from the breakdown of a marriage and ultimately, a divorce. We have seen many instances where assets, in particular pensions, are overlooked as individuals focus on retaining the family home without giving consideration to how they will support themselves in the future.

The “no fault” divorce law allows people to focus on working towards securing their future without the necessity to dissect and pin blame on a party for the breakdown of their relationship. Once you make the decision to divorce, it is essential to seek legal advice and guidance to gain a clear understanding of how your position can be affected both now and in the future, as you won’t get a second chance.

If you would like a free initial consultation with a member of our Family Law team to discuss the making of a divorce application, or the financial consequences of doing so, simply click on the “Speak to Our Experts” button on this page, call us on 01244 729 073 or email info@cullimoredutton.co.uk

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Susan Alexander

Arrangements for children at Christmas

/ , , Consultant Solicitor/ /by

Christmas time is emotional for many reasons but if you are separated parents with children, this can add to the stress of the festive period so now is the time to start planning for Christmas.

If you leave it too long and can’t reach agreement, you will not be able to get a court hearing in time. It will benefit the whole family if everyone knows what is going to be happening and is able to make plans. If this is your first year, it will be difficult for both of you and for your children to contemplate not being together for the whole of Christmas time, but with careful planning you can ensure that your children can spend time with each of you and their extended families in a fair way.

Christmas is a very special time for children and the memories of it will last a very long time.

Try your best to reach agreement with each other focussing on the children and what they need from both of you to have the best Christmas and to adjust to the new situation. Don’t worry too much if you can’t agree as it is normal to find these discussions difficult when emotions are running high and there is uncertainty about the long-term arrangements.

At Cullimore Dutton, we have very experienced solicitors who have dealt with arrangements for children at Christmas many times before and can offer guidance, support, and a steady hand through the difficulties you may be facing and discuss the options best for you.

If you are in need of support and advice regarding arrangements for children at Christmas contact us for a free initial consultation, simply click on the “Speak to our Experts” button, call 01244 729 071 or email info@cullimoredutton.co.uk.

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Susan Alexander

Changes to capital gains tax (CGT) provide a boost for divorcing couples.

/ , , Consultant Solicitor/ /by

Every cloud has a silver lining! Changes to capital gains tax (CGT) provide a boost for divorcing couples.

Planned changes to CGT and how they will affect separating couples
Despite all the gloom and doom of rampant inflation and the cost-of-living crisis, one little ray of sunshine has emerged for divorcing couples or civil partners. Where a couple own more than one house, they had to pay CGT on transfers between each other as part of a divorce settlement, unless they were able to complete the transfer within one year of separating, which was a very tight, often unachievable timescale.

His Majesty’s Revenue and Customs (HMRC) has announced a change effective from 6 April 2023 which extends the time which a separating couple have to transfer properties between each other without having to pay CGT to three years. This will provide a huge boost to any couples who own more than one property and could represent a substantial saving.

If you are considering divorce or separation and would like a free initial consultation with one of our team simply click on the “Speak to our Experts” button, call 01244 729 071 or email info@cullimoredutton.co.uk.

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

 

Kelly Hughes

The Split – “What is the secret to a good divorce?”

/ , , Associate Solicitor/ /by

Many of us have enjoyed the latest series of this gripping and heart-felt BBC drama, The Split. The character, Ruth Defoe, poses the question “what is the secret to a good divorce?”.

Hannah Defoe depicts the kind of lawyer, as well as client when going through her own divorce, who can achieve a good divorce. What is the secret to a good divorce?

In Hannah’s work as a Family lawyer, she manages to balance delivering expert advice in a caring and sensitive manner. She prioritises the welfare and future of her clients’ whole family. She is portrayed as a lawyer with a conscience.

In her own divorce, Hannah is sadly faced with her husband instructing the “Rottweiler with lipstick” type solicitor. Both Hannah and Nathan learn the hard way that this style does not allow them to decide for themselves on what is right for them all as a family in their separation.

The negotiations start to be treated like a strategy, with Nathan’s solicitor focussing on telling him what he should offer. In doing this, they lose sight of the impact on his children and his ability to remain amicable with Hannah.

In the end, we see that Nathan pushes back and decides for himself, choosing to talk with Hannah. This shift allows them all to focus on the new future.

Is this all just fiction and dramatisation?
In my view, No. There is an option for separating couples to have the opportunity to talk through options whilst having lawyers alongside to advise, guide and support them. This is known as Collaborative law. It is not as dramatic as the round-table meetings depicted in The Split; there are no surprise announcements or strategy involved. The meetings are all open discussions where each person’s priorities and concerns are discussed fully and all options are explored openly. A clear commitment is made by everyone involved in the process to reach agreement without applying to Court.

As a Collaborative lawyer myself, I truly believe that this option can help many separating families reach agreement amicably and with dignity and autonomy. It allows separating couples to preserve their co-parenting and familial relationships and be able to move on with their lives and focus on the future. It can also be very cost-effective.

So in answer to Ruth Defoe’s question “what is the secret to a good divorce?”, she wisely points out that:
“We forget to put as much love and care into the divorce as the wedding. It is easy to marry, what is hard is to know how to divorce. Lay down your weapons, resentment, regrets. Let the dust settle. Stop, breathe, and listen to what life has to offer next.”

This is why I became a Family lawyer and trained as a Collaborative lawyer – to help make a positive difference to people’s lives when they face uncertainty and change.

Not just disputes
It was also refreshing in The Split that they highlighted that Family lawyers have a place not only with disputes over finances and child arrangements upon separation. They can also be involved with matters relating to exciting times in people’s lives. For example, it can be important to seek legal advice on matters such as pre-nuptial agreements, adoption, surrogacy and co-habitation agreements. We can offer advise on all aspects of family law.

Family law involves emotions as well as technical legal issues; a lawyer who understands both can truly make a positive difference to families in whatever changes they are embarking on in their lives.

If you would like a free initial consultation with one of our team contact us on 01244 356 789 or email info@cullimoredutton.co.uk.

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Brenda Spain

Divorcing your Business Partner

/ , , Head of Family Law/ /by

Divorcing your business partner

Getting divorced is never easy in any circumstances. This can be even more complicated when spouses are in business together as they rarely consider coming to a commercial arrangement beforehand.

In limited companies, the parties may be co-Directors and equal shareholders, one party may have been added to the business for tax reasons who is not the key person. Partnership Agreements are not always clear.

During the divorce process, emotions can be raw and that can often make decisions more difficult.

Divorcing your business partner, what Usually Happens
It is uncommon and unlikely that you will lose your business or have to sell it if you do not wish to. While the Courts do have the power to order the sale of a business, they are both careful and reluctant to use this power, after all, a successful business is likely to provide for you and your family for years to come.

Coming to an agreement about the future of the business
The most obviously and straightforward way to determine what will happen to your business is to come to an agreement with your spouse. This will often mean a valuation of the business, its assets, shareholdings etc. A Solicitor will guide you through this and facilitate discussions between the parties with a view to reaching an amicable agreement. In some cases, although not common, some couples may continue to run the business and have a good working relationship.

More commonly however, one party usually buys out the other party’s interest in the business.

Splitting the assets of a business
Dividing business assets can be complicated so we would always advise seeking specialist legal advice on your position and your own particular circumstances.

If you would like a free initial consultation with one of our team contact us on 01244 356 789 or email info@cullimoredutton.co.uk.

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

Eluned Roberts

What our recent recruits think – Eluned Roberts

/ , , Associate Solicitor/ /by

What our recent recruits think – Eluned Roberts

We have captured the thoughts of some recent recruits to give any potential job applicants an insight into what it is like to apply for a role at, and to join Cullimore Dutton.

This second instalment of the series features Eluned Roberts who joined our Family Law team as an Associate Solicitor in February 2022. We asked Eluned:

Why did you decide to apply for a role with us?
Cullimore Dutton was always on my radar, and I was aware of the firm’s great reputation. I like the way we approach Family Law and the Changing Lives ethos behind that so when the role became available I knew it would be a great fit for me.

How did you find the recruitment process?
It was really relaxed, simple and swift. I emailed my CV and was invited for an informal chat with Brenda, Head of Family Law, and Andrew, Managing Director. This turned out to be my interview, but it was very relaxed and friendly. We were able to get to know each other and to chat about the role. A week or so later I received a phone call from Brenda offering me the position.

What have you enjoyed so far about our business and your role?
Everyone has been friendly and welcoming, not just in the family team but across the whole business.

I’ve been really impressed with the work-life balance and how the welfare of staff is a priority. It was refreshing recently when a storm was rolling in that the priority was to ensure that the whole team got home safely.

My role essentially replaces recently retired Legal Director [and Cullimore Dutton legend – Ed] Diana Williams and it was great that I was able to spend several weeks with Di as part of that transition. I was eased into the role and there was a real focus on client care as I took on Di’s caseload. During this period, I was brought fully up to speed with each case and Di introduced me to each client ensuring that they were comfortable with me representing them.

How would you describe the culture at Cullimore Dutton?
Very friendly, welcoming, and supportive with a real focus on providing the highest quality of service for our clients whilst ensuring that colleagues have a true work life balance.

I find the whole We Change Lives vision inspiring and something I am proud to stand behind. There is also a refreshing approach to how the different sides of the business are managed, which is something the clients will never see, but I think it works really well.

What are your hopes and ambitions for your career?
I have a real desire to build my reputation in Chester and support and help as many clients as I can.

Join Eluned
We are currently recruiting for several positions, so if you are interested in joining Eluned and the rest of our team visit the careers page of our website where you will be able to view our available roles and apply.

Brenda Spain

No Fault Divorce to become Law

/ , Head of Family Law/ /by

Further to our earlier article, the Divorce, Dissolution and Separation Act 2020 will reform the law on divorce, dissolution and separation in England and Wales as from 6th April 2022.

Effectively, this will remove the requirement to provide evidence of conduct or separation and instead is replaced with the simple requirement to provide a statement of irretrievable breakdown.

It will remove the ability to defend a divorce or separation, it will enable couples to make a joint application to the Court for divorce or separation.

The Act introduces a new minimum overall timeframe of 20 weeks from the start of the proceedings to the Conditional Order (formerly Decree Nisi) and then 6 weeks between Conditional Order and when it is made final, so a period of 26 weeks overall.

 

Action Necessary

The new law comes into effect on 6th April 2022.

Anybody wishing to proceed with a divorce or separation based upon the previous facts i.e., adultery and unreasonable behaviour, will need to submit a paper application received by the Court no later than 4pm on 31 March or a digital application to be online no later than 4pm on 31 March.

The new Act represents the biggest reform of Divorce laws in half a century and aims to reduce the impact of allegations of blame on individuals and family and in particular, reduce acrimony where children are concerned.

For further advice on remediate action, contact the Family Department at Cullimore Dutton on 01244 356 789 or email info@cullimoredutton.co.uk.

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

 

Fran Crank

Francesca Crank appointed to the role of Trainee Solicitor within our Family Law team

/ , , Trainee Solicitor/ /by

We are delighted to announce that Francesca Crank has been awarded a training contract here at Cullimore Dutton and will take up the role of Trainee Solicitor with immediate effect.

Francesca who joined the Family Law team in January 2021 as a Legal Assistant, graduated from the University of Manchester in 2018 with a degree in Law with Criminology before completing the Graduate Law Diploma (GDL) and Legal Practice Course (LPC) with Masters at the University of Law in Chester in 2019, achieving a Distinction.

Francesca will begin her training in our Family Law department under the guidance of Brenda Spain, Head of Family Law, and this promotion will enable Francesca to realise her long-held ambition of qualifying as a solicitor. Brenda stated: “Throughout her time with us Francesca has demonstrated a professional attitude, hard work and a commitment to providing our clients with the best in client care, this promotion is as a direct result of her efforts, dedication and commitment.”

Francesca’s appointment to this position follows the awarding of two additional training contracts in the last 12 months to both Trainee Solicitor Jesca Knott in April 2021 and Trainee Solicitor Patricia Taylor in December 2021. All three appointments are clear examples of the career pathway which is available to all our team and further demonstrates our commitment to changing the lives of our Colleagues, Clients and Community. We hope many of our colleagues follow in Francesca, Patricia and Jesca’s footsteps and advance through our career pathway during their time with us.

We would like to wish Francesca every success as she begins this new chapter of her career, and to offer our continuing support to her throughout her training and beyond.

Good luck Francesca.
The Cullimore Dutton team 

 

 

Brenda Spain

Are you considering ending or exiting a relationship

/ , , Head of Family Law/ /by

If you are considering ending or exiting a relationship, whether that be a marriage or cohabitation, you would be advised to consult a solicitor to discuss the steps you need to take to ensure that your interests are well protected.

Things you should consider include:

1. Joint accounts – are you protected?
2. Your pension – have you protected your death in service benefits?

3. Your capital assets i.e., investments/pensions/contributions/businesses – how will these be treated in the event of divorce or separation?

4. Jointly owned property – are you aware of the rule of survivorship? If anything should happen to you what would happen to your interest in that property? If you live together are you aware that there is no such thing as a common law husband or wife? How property is owned will affect any contributions you may have made?

5. Your will (even if this is a holding will). This is crucial as your ex-partner could still benefit under your current will, or,
if you have not made a will, they could still benefit from, or be appointed to administer your estate under the rules of intestacy.

These issues are hugely important, and you should take professional advice at an early stage to ensure that you are well protected.

We have expert teams specialising in Family Law, Wills & Probate, Residential Conveyancing and Financial Services who will be able to help, support
and guide you through the steps needed to ensure the protection of your interests.

We would be delighted to arrange a free initial consultation to discuss these issues with you and to make sure that you are on the right track, if indeed
this is the path you decide to follow.

If you would like a free initial consultation to discuss your will with one of our team contact us on 01244 356 789 or email info@cullimoredutton.co.uk.

Please note: This is not legal advice; it is intended to provide information of general interest about current legal issues.