Can I get a divorce in England or Wales?

You may have read in the news of many wealthy international divorces occurring in England, such as the divorce of the Dubai ruler, Sheikh Mohammed bin Rashid Al Maktoum, believed to be one of the largest in the history of UK divorces. The popularity of England and Wales for international divorce is due to the many benefits it can afford in comparison to other countries. Judges tend to have much greater discretion in England or Wales, and our starting point of equality is not always matched in other jurisdictions. If you did not marry in England or Wales, or if you or your spouse do not currently live in England or Wales, you may be wondering if you would be able to obtain a divorce here. To be allowed to divorce in England or Wales, you…

St Leonard's Hospice - Make a Will Month October 2024

Making a Will and letting your family and friends know your wishes are vital, and it can be a lot more affordable and straightforward than you think... MAKE A WILL MONTH October 2024 A Will is one of the most important documents you will ever have drawn up, but it's something that many people put off. If YOU don't have a Will, or your Will needs updating.  Ware & Kay Solicitors has once again teamed up with St Leonard's Hospice to give you the opportunity to have your Will written free of charge in exchange for a donation to the Hospice. Ware & Kay Solicitors are giving their time, free of charge, to write basic Wills in exchange for a suggested minimum donation to St Leonard's Hospice. It's easy... Arrange an appointment with one of the following Solicitors on 01904 716000 during Make a Will month: Sian Foster- Director & Head of Wills & Probate Deborah Gilpin - Senior Associate, Deputy Head of Wills…

What does it mean to leave a Legacy in a Will?

Many of us like to include legacies (gifts) in our Wills whether to family, friends, executors and /or to charities. Legacies can be general (usually an amount of money) or specific (particular assets you own such as jewellery)  Including a legacy in a Will may seem straightforward but there are issues which should be considered. What is the priority? Legacies take priority and are paid before the remainder of an estate is distributed.   You may include a gift of £100,000 to your grandson on the basis that you were worth £500,000 when you made your Will and specify that your daughter should receive the remainder of your estate.   However, if your net worth was £150,000 by the time of your death, would you still wish for your grandson to receive £100,000 if your daughter…

Selling a small plot of land

On current estimates, the United Kingdom needs over four million new homes to meet its housing needs. So, if you own a small plot of land which you no longer need or wish to maintain, now could be a good time to sell, especially if your plot has development potential. ‘The prospect of selling to a neighbour or family member may feel very different from selling to a developer, but it is important to consider all the implications and take legal advice early on,’ says Holly Stevens, Director & Head of Residential Property with Ware & Kay incorporating Pearsons & Ward Solicitors. ‘For example, if you sell land to a neighbour to extend their garden, think how you would feel if they later sold the land for development and made a substantial gain.’   You…

Buying a static caravan or park home

It is estimated there are over 100,000 park homes in England, with a 15 per cent increase in the delivery of new park homes in the last year. This is in addition to the number of static caravans on dedicated holiday parks. ‘Buying a park home is an increasingly popular option, agrees Catherine Edge, Senior Associate and Deputy Head of Residential Property team with Ware & Kay incorporating Pearsons & Ward. ‘It appeals to all sorts of people; retirees, downsizers, or those simply looking to make the most of their leisure time. It can be a major financial commitment, so it is important not to scrimp on professional advice.’   Catherine answers some the common questions about the legal aspects of buying a static caravan or park home. How is a park home different from…

Guide to direct access arrangements for children

Being separated from your child can be heart-wrenching, and yet some parents have to overcome some significant hurdles to be able to spend time with their children in a way that many families take for granted. Direct access is the ultimate goal, and in this article we will focus on the different types of direct access, and what steps can be taken to finalise any agreement or seek a way forward if agreement cannot be reached. Direct access means any contact a parent has with a child that is face to face. It can be in many different formats and can include restrictions if necessary to meet the child’s welfare needs. Why have direct access? Before we consider the different types of direct access arrangements, we will take a quick look at the reasons to have…

What can you do if your commercial tenant stops paying their rent?

A landlord has a number of remedies available to it if a tenant stops paying their rent. It is important that as a landlord you choose your remedy wisely because it may not be possible to back track and select a different route once you have embarked on a course of action. Option 1: Forfeiture A well drafted commercial lease will include a right of re-entry, or a right to end the lease, if rent is unpaid for a certain number of days. The right can be exercised by court proceedings or by simply re-entering the property by ‘peaceable re-entry’. Peaceable re-entry is quick and effective and provided that there is no possibility of it being challenged, for example by the landlord having waived its rights, then it is invariably the preferred method of re-entry…

Managing Employees Arrested for Off-Duty Conduct: When crime doesn’t pay.

When an employee is arrested for a crime committed outside of their employment, employers face the challenge of managing the situation while balancing fairness to the employee, protecting the business’s interests, and complying with English employment law. In this article I outline the steps employers should take when dealing with an employee arrested but not yet charged, how and when they may cooperate with the police, and the appropriate disciplinary procedures if the employee is subsequently charged and convicted. Initial Steps upon Arrest 1. Gather Information Confirm Facts: Verify the arrest through reliable sources, such as police reports or direct communication with the employee. Avoid acting on hearsay or rumours. Understand the Allegations: Determine the nature of the alleged crime, its severity, and any potential impact on the employee's role. 2. Assess Impact on Employment…

Can I amend our divorce settlement due to a chronic health condition?

During a divorce or dissolution of a civil partnership, there are a number of factors that must be taken into account when dividing financial assets. These factors include any mental or physical disability of either spouse or civil partner and what their current and future financial needs will be. This provides scope to make a fair and just settlement for anyone that maybe suffering a chronic health condition - a long term illness which is likely to significantly impact a person’s function, earning capacity and future financial needs. What happens if you had agreed a settlement and have been subsequently diagnosed with a chronic health condition which affects your earning capacity? When it comes to divorce or dissolution settlements, a chronic health condition can have a significant impact on the financial division of assets. If your…

Building Disputes and How to Resolve Them

Building disputes are a prevalent type of legal conflict, often emerging when individuals hire builders for tasks such as renovations or extensions. Given the numerous aspects involved in construction projects, there's ample opportunity for issues to arise, making these situations ripe for disputes. The absence of a formal Contract A common problem in building disputes is the absence of a formal contract. When the relationship between the client and the builder begins to deteriorate, it is frequently discovered that no written agreement exists. This situation complicates the process of determining what was agreed upon regarding the scope of work and pricing. As a result, the details must be reconstructed from estimates, emails, conversations, and invoices, which can be both time-consuming and costly. Identifying issues and breaches To address the dispute, you must first identify what…