Step-by-step guide to no-fault divorce

Since April 2022, couples have been able to seek a divorce after one year of marriage without having to blame their former partner for any reason. Prior to the change in the law, couples who agreed to separate had to wait at least two years before they could divorce.  If they wanted a divorce prior to this, then blame had to be attributed to their spouse.  There were no alternative options. Robert Bellhouse, a Family Solicitor with Ware & Kay in York & Wetherby explains, ‘Thankfully the introduction of no-fault divorce means you can now petition straight away without blame being attributed to either spouse.  It is hoped this will lead to less acrimony, which could ease financial negotiations and foster better relations between divorcing parents which can only be seen as a positive for…

Is a prenup part of your business risk management strategy?

Managing risk is an essential part of any business operation and while personal relationships do not often appear high on a business risk register, an acrimonious divorce has the power to devastate a small business. ‘While few anticipate or want to believe their own marriage will break down, sadly recent statistics show that over a third of all marriages end in divorce,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘It is not uncommon for directors of a family business to insist that members of the next generation enter into a prenup before they get married, in order to protect the business assets from the effects of a divorce.’  It is sensible for all entrepreneurs to consider a prenuptial agreement if they are thinking of getting married or entering…

Carving up a family farm after divorce or separation

While January is a time of new resolutions and fresh starts, Christmas may have been a difficult time with strained relationships in hard-pressed farming families, many of which are still struggling with the aftermath of Brexit, Covid and the current cost-of-living crisis. It is little wonder then that the first Monday of January is known amongst family lawyers as ‘Divorce Day’, with so couples having reached breaking point and looking to split up or file for divorce. Divorce or separation is always a stressful time, as couples seek to split their joint belongings and make arrangement for their children, but can be especially difficult for farming families whose assets may not be easy to divide, as Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby explains. When couples divorce, the…

Congratulations to newly qualified solicitor - Lucy Riley

Leading Law Firm Ware & Kay Solicitors is delighted to announce that Trainee Solicitor Lucy Riley has now qualified as a Solicitor. Lucy started her legal education in 2015 at the University of Hull studying LLB Law (Hons). She completed her LLB degree after 3 years and graduated in 2018 with a 2:1. She then went on to study the Legal Practice Course (LPC) combined with LLM Masters in Professional Legal Practice at the University of Law in Leeds and completed her LPC LLM after 1 year, graduating in 2019 with a Distinction. Lucy was then fortunate enough to secure a position as a Litigation Paralegal with Ware & Kay commencing in July 2019 where she was a Paralegal for 2 years before being offered a Training Contract with the firm which commenced in July…

Ware & Kay Solicitors appoints Risk & Compliance Officer to growing team

Leading law firm Ware & Kay Solicitors is delighted to announce the appointment of Jack Hedley as the new Risk and Compliance Officer for the firm. Jack specialises in ensuring compliance with regulatory obligations, professional and practice standards, maintaining practice manuals and policies and proactively keeping abreast of changes in the regulatory field.  He will also ensure that the relevant legal, financial and data protection legislation and frameworks are adhered to. His role will see him act as the ‘eyes and ears’ of industry body the Solicitors Regulation Authority (SRA), ensuring that structures and procedures are in place as the company continues to grow. Originally from Newcastle Jack arrives at Ware & Kay with over 8 years’ experience in the legal industry.  Having completed a law degree at Leeds University in 2013 before spending time…

The tax you pay when you sell a business: Entrepreneur Relief Tax

Entrepreneurs' relief, often referred to as business asset disposal relief is a specific capital gains tax (CGT) break that you may be eligible for if you're selling a business you own. When I see a business, do I have to pay CGT? The entrepreneurs' relief—recently renamed business asset disposal relief—may enable you to pay a lower CGT rate of 10% on the first £1 million in proceeds if your business qualifies. How does the entrepreneurs' relief work? The relief means you will be charged 10% (the basic rate) on the first £1 million your business makes. For those who are additional or higher rate tax payers (e.g. those who pay 20%), you will have been charged around half of the usual rate. £1 million is the maximum amount that can be claimed per person, so the…

New Year, New Start, New Job: An Employer’s Guide to Hiring Employees

This short article is aimed at the businesses who are looking to employ new staff.  It is important to take the correct legal steps when hiring new employees. Though it may seem simple to some, there are mandatory steps that any employer must take when looking to take on a new employee – and that doesn’t mean just showing them where the tea and coffee is located! Right to work in the U.K. First thing’s first, every employer MUST ensure that their new employee has a right to work in the U.K. Right to work checks can be carried out manually by obtaining documents from an approved list (see Home Office website for this). If an employee is unable to show their documents or status, you may be able to use the free Employer Checking Service…

Think twice before using social media during a family dispute

It is forecast that, by the end of this year, 90 per cent of the UK adult population will use a social media account at least once a month.  This is a remarkable statistic, but perhaps even more remarkable is that the average user is estimated to spend more than two hours per day on social media.  There is no doubt that we are putting more of our lives online than ever before.  We are more comfortable with posting about our family celebrations, our personal dilemmas and our relationship status.  ‘Unfortunately, social media can bring its own set of problems when it comes to a family breakdown,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby ‘Once you may have told only your closest friends about your relationship problems, but…

Gifts and inheritance tax in the season of goodwill

Christmas is the season of goodwill and, aside from choosing what presents to wrap and place beneath the Christmas tree, you may also be wondering if you can make some more substantial gifts to take advantage of tax reliefs such as agricultural relief and lifetime gift exemptions. Emma Elwess, Director of Private Client at Ware & Kay in York & Wetherby, explains the different ways farmers can use tax reliefs to give away gifts without incurring inheritance tax. General lifetime gifts During your lifetime you can give away any of your possessions worth up to a total value of £325,000 without being liable to inheritance tax. Gifts given over this amount will usually be subject to inheritance tax when you pass away (unless you live longer than seven years after the gift is given). There…

Reconciliation; can we change our minds about getting a divorce?

You are likely to have spent some weeks, months or perhaps even years contemplating getting a divorce before you decided to apply, and even then, you may still wonder if it is not too late to save your marriage, particularly if you have children together. ‘Issuing or receiving a divorce petition can be the spark that awakens feelings or renewed efforts and could lead to a reconciliation,’ says Robert Bellhouse, a Family Solicitor with Ware & Kay. ‘It is not uncommon following a divorce petition for a couple to talk more openly to each other, perhaps supported via counselling or mediation.  This can be the start of working together to address the cause of unhappiness and could lead to a route forward together again.’ While the decision to divorce is a big step, there is…