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Legal advice
YOUR QUESTIONS ANSWERED
Question: - My wife and I are separated 3 months ago. We get on reasonably well. I wish to start Divorce proceedings and have heard that I can now do so on a “no fault” basis. This is my preferred option. This is no one else involved for either party. How soon can I get the ball rolling?
Answer:-
I am pleased to report that the Divorce, Dissolution and Separation Bill has received Royal Assent and that “no fault divorce” will be implemented from the Autumn of 2021. This is long overdue. Until now the divorce law in the UK has not seen any changes for the past 50 years. The Law Society President Simon Davies recently commented “ The introduction of “no fault divorce is a landmark moment and will change for the better the way couples separate”. Currently, those couples wishing to divorce have to prove a fault based fact of adultery or behaviour against the other spouse or in the alternative wait for either 2 or 5 years separation. The question for you is whether you wish wait for at least another 12 months before starting the Divorce proceedings. Clearly, by doing so, you are likely to cut any unnecessary conflict with your wife and stand a better chance of moving on amicably and focus on what really matters. You will not be citing any blame against your wife for the marriage breakdown. If you cannot wait another year or so, your only option is to file for divorce now on the fact of your wife’s conduct and cite reasons why you believe her behaviour has led to the marriage breaking down. You have to weigh up the speed you wish to be divorced against the sort of future relationship you want with your wife.
Melanie Lazarus, Melanie Lazarus & Co
Melanie Lazarus & Co Family Solicitors devoted to your case
offering an unrivalled and personal service
Melanie Lazarus & Co Solicitors are the only specialist Family Solicitors in Bridgend. Specialising in Divorce, Separation, Cohabitation, Civil Partnerships, Financial Disputes, Children & Pre-Nuptial Agreements Fixed Fee Initial Appointment £200 inc VAT Fixed Fee Divorce £500 inc VAT
(excluding Court fee – T&C’s apply)
Please contact Melanie Lazarus at: Tel 01656 750 888 Email: melanielazarus@mlsolicitors.com www.mlsolicitors.com Ground Floor Offices, 38-40 Nolton Street, Bridgend, CF31 3BN
WHAT TO DO WHEN SOMEONE CLOSE TO ME DIES
If a family member has died but you cannot find a will, you should make sure you have checked thoroughly: • Search the house and any paperwork. • Contact any solicitors or other professional advisers you know they used. • Consider searching the National Will Register, which may provide a record if a solicitor holds her will. • Ask their bank in case they have the will. • Consider searching at the Probate Registry in case they have the will in safe-keeping. • Ask any other family or friends who you think might know. If you still can’t find a Will, you may need to assume that it doesn’t exist and that person died ‘intestate’. If so, you can apply to the Probate Registry for a ‘Grant of Letters of Administration’ or ask your solicitor to do this on your behalf. If you do locate a Will, you will need to ascertain who are appointed as the executors, this gives them authority to deal with the estate by collecting in all assets, applying for Grant of Probate, selling or transferring Property/Land and distributing the assets in accordance with the Will. It will also be the executors who notify the beneficiaries of their entitlement to the estate. The Will may specifically detail who is entitled to what personal items (Jewellery, Panting etc) however often it may say ‘All personal chattels to be distributed between my children equally.’ Or it may be silent on this issue altogether and this is when problems normally arise particularly if these have sentimental value. It can help to have everything valued (some items may already have been valued as part of the process of working out any inheritance tax payable). After all, there is little point arguing over who gets something if it isn’t worth more to you than it could be sold for. You might then be able to work out a system for sharing the other items out. For example, you might take it in turns to each pick something you want or you could ‘auction’ the items among yourselves, with the winning bidder for each item agreeing to accept a proportionately smaller share of any cash. Once agreement has been reached, then the remaining estate can be distributed in accordance with the Will once the monies and assets have been called in, and debts from the estate paid.
Natalie Thomas DJM Solicitors 01656 772211 www.djm.law.co.uk
SWANSEA | MUMBLES | PORTHCAWL | CARDIFF |
01792 65 00 00
AVOIDING ACCIDENTAL INHERITANCES
When you make a will, you may think that you have all eventualities covered, but by failing to check your pension policy and particularly the names of those you nominated as beneficiaries when you set up the pension, you are leaving yourself open to leaving a sum of money to someone you may not want to. Since 2015, it has been possible to pass on any unused pension money tax free. These days, most pensions are written into trust which means that they fall out of your estate when you die, and so may not pass to people you have named in your will. When you place your pension pot or an insurance policy into trust, you have to name a beneficiary to receive that fund. If you name your Partner for example, then separate at a later date and change your will to leave assets to your children, you may still find that your Partner would receive your pension monies. Therefore it is prudent to check your policy and the identity of your chosen beneficiary. With the rise in the number of divorces, family structures are getting more complicated and so people are increasingly at risk of losing track of their pension and insurance plans, and of who will inherit them. It seems that anyone recently married, divorce, separated, bereaved or widowed is at risk of leaving an accidental legacy. Further, if your pension is not written into trust, it could form part of your estate and could be liable for inheritance tax. If this is the case, the money cannot be released until the tax is paid and the estate wound up. So, it is best to treat nomination forms like your will and update them after changes in lifestyle or personal circumstances.
Madeline Rand King Davies & Partners
SOLICITORS • CYFREITHWYR CONVEYANCING - Moving House? We offer a friendly and efficient service at a fixed price with all the work carried out by a qualified Solicitor
Contact Mike Greenway for more information and a written quotation
WILLS & PROBATE - Computerised Wills Service Wills prepared while you wait – only one appointment usually required
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We at King Davies & Partners Solicitors send good wishes to everyone during these di cult times
Partner Mr. Ceri Morgan L.L.B Associate Madeline Rand BA
Lloyds Bank Chambers, 18 Talbot Street, Maesteg, Bridgend, CF34 9BP
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HAND DELIVERED DIRECT TO LOCAL HOMES EVERY MONTH 27,000 COPIES
COVER PHOTO: Judi Russell, North Cornelly
HAND DELIVERED DIRECT TO LOCAL HOMES EVERY MONTH 27,000 COPIES
