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professionals news
March 2009
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WelcomeHouse sales are at an all time low and prices are continuing to fall, according to reports this month. The Royal Institute of Chartered Surveyors said sales completed per surveyor for the three months to February sank to 9.5 from 9.8 in the previous survey, the worst since 1978 when they started keeping track. And yet, this does not mean it is a bad time to move home or that we should be advising people not to think about buying or selling in the current climate. Properly advised by a reliable estate agent and experienced conveyancer, this could be a very good time for people to move on – and particularly to buy a new place if they have recently divided their assets with an estranged partner. Things can appear darkest before the dawn and, as professional advisors, we should ensure that our clients see the positives to a situation as well as the negatives and advise them accordingly. We can help point the way and leave our clients in a strong position to face the future. Andrew Woolley |
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Is it reasonable to expect a no fault divorce? |
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Not fixing the loo door, regularly passing wind, not doing the ironing or insisting that the cats and dogs sleep in the marital bed are all grounds for divorce these days. Unreasonable behaviour is undoubtedly the most common reason given on divorce papers for the breakdown of a marriage - but it covers a multitude of sins. And the very fact that petitioners then have to give examples of such behaviour can often inflame an already delicate situation. By encouraging finger-pointing and the listing of faults, the current legal system can make the divorce process longer in some instances as couples start mud slinging. That is why there is a ground-swell of support for a “no fault divorce”. At Woolley & Co, our advice to clients is not to inflame divorce proceedings by listing unreasonable behaviour which their estranged spouse could take exception to and so challenge, drawing out the process – and the associated expense. “Anything can seem like unreasonable behaviour if a marriage is not working, from leaving underwear on the floor to disappearing for a life at sea,” said Andrew Woolley, managing partner of Woolley & Co. “Having to submit reasons can itself even inflame the situation. One party may feel aggrieved at the points raised and so dispute them, drawing out the divorce process. “Some clients come to us initially wanting to cite all kinds of detailed and personal examples as grounds for divorce. But our advice is to keep the examples as simple and factual as possible, ones the other party will find it difficult to argue against. Indeed if the couple are still on good terms, we encourage them to agree the wording if possible between them so there are no nasty surprises when the court papers are received. “If a couple want to divorce amicably, they should not have to make accusations about each other but just accept that things didn’t work out and it was no one’s fault. A no fault divorce option would allow couples to start new lives apart as painlessly as possible.” Woolley & Co have published a 6-point plan for an amicable divorce on the family-lawfirm website. If your clients want advice on how they can divorce in the most amicable way we offer a free initial half hour appointment to discuss their case and advise on the route to take. Appointments can be booked online or by calling 0800 321 3832. |
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Professional in Focus: Tim Jackson |
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With falling prices continuing and average houses sales over the previous three months at their lowest levels in more than 30 years according to the Royal Institute of Chartered Surveyors, we all know the housing market is in crisis. But that doesn’t mean it is not a good time to buy. Tim Jackson is an associate partner with Frank Spiers conveyancers and property specialist lawyers, based in Burton on Trent. They carry out the legalities for the sale and purchase of residential property, remortgages and transfer of equity, and are often called upon to help with the process of purchasing a spouse’s interest in a property in the event of a divorce. Tim, who has 30 years’ experience in the sector, fell into it by accident after a legal executive neighbour he was chatting to on the bus encouraged him to get into law as a career option. He believes property prices are still in decline – but it is not all doom and gloom for people wanting to buy and sell houses and things will be looking up by the second part of 2009 as the banks make it easier for people to borrow again. “House prices are still falling gradually but if you put a house up for sale at a sensible price that reflects the current market, you have a good chance of selling it,” said Tim, who is married with two teenage daughters. “People with cash are getting very little interest on it in the bank and they can now buy property cheaper than a few years ago. They are looking at a long term capital investment by putting it into property. “Personally I think the market will continue to go down and prices will continue to fall gradually over this year – perhaps as much as another five to 10 per cent. Then I would expect things to start picking up in 2010. “What is holding the market back is the lack of mortgages from the banks. They are looking for a minimum of 15 per cent deposit and many people cannot afford that. The Government is now taking steps to force the banks to start lending at lower rates, so when we get back to a situation where people can get 90 per cent mortgages, I think we will start to see things get moving. This could be in the second part of this year.” Tim Jackson can be contacted at Frank EL Spiers and Company on 01283 511474. |
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Family Law in the News |
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Marriage not in vogueThe proportion of couples getting married has plunged to its lowest level since records began almost 150 years ago, new figures have revealed. Fewer than one in 50 single women now marry each year, a similar rate to 1862. The extent to which a generation have turned their backs on marriage was revealed in the newly-released records for 2007. There were 231,450 couples married in England and Wales in the year - the lowest total in 112 years. Of course that doesn’t mean people aren’t going into relationships, sharing a home and having children together – but it can mean that they fail to have the legal protection afforded them by marriage. Billionaire jeweller divorce mysteryA record-breaking divorce settlement that could have cost jeweller Laurence Graff £1 billion was withdrawn at the last minute, according to reports. A decree nisi had been expected to be granted at London's High Court, allowing the billionaire's wife Anne Marie to end their 47-year marriage. It would have been Britain's biggest divorce settlement, dwarfing the current record of £48 million, but the hearing was adjourned minutes before it was due to take place amid reports the couple had reached reconciliation. A subsequent statement on behalf of Mr Graff said the couple had "no intention" of getting divorced. Mr Graff, a self-educated and self-made former cleaner from London's East End, was last year ranked 31st in the Sunday Times Rich List on the back of his company Graff Diamonds. And he is not the only high earner in the news this month in connection with a hefty divorce payout. Reports are suggesting that a court in London took just 58 seconds to grant the decree nisi for F1 tycoon Bernie Ecclestone’s divorce to wife of 24 years, former model Slavica. She could be entitled to up to half of his £2.4 billion fortune. Both of these cases illustrate the potential for substantial payouts in cases of long marriages, where one partner is considered to have supported the other and therefore be entitled to a proportion (sometimes as much as half) of their fortune. Counting the cost of an affairHaving an affair costs an average of £8,000 researchers have claimed. Nearly £2,000 is spent on weekends away, £1,013 on candlelit dinners and romantic trips out account for £916, a survey by OnePoll.com has found. Among the other costs are flowers, chocolates, underwear and jewellery at £1,057, while nights out cost £943 a year. And 10 per cent of cheats buy partners gifts out of guilt while 20 per cent carry two phones to cover their tracks. What the poll failed to cover though is the cost of a break-up as a result of an affair, which depending on how messy it gets can be anything from £1,100 to £10,000. |
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Woolley & Co news |
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Family law blog launchesWoolley & Co solicitors have launched an online blogging service to help and reassure anyone involved in, or thinking about undertaking, legal proceedings. The family law blog will be updated regularly by the firm’s lawyers, looking at different issues and topical subjects. Anyone can access it to read about up-to-date issues regarding family law and divorce rights, get answers to questions or concerns they might have, and contribute to debates and discussions on a whole range of issues. Andrew Woolley, Managing Partner of Woolley & Co, said: “At Woolley & Co, family law specialists we have always tried to explore different ways to offer the best advice to our clients and we hope that this new blog will serve as another way we can support them through what can be a troubling time and highlight important information.” Let us know what you think – you can join in the debate around divorce, how the finances are divided and who the children live with by commenting on our blog posts. |
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