So what is the law?

If you are going through a separation, divorce or dissolution then you will have a potential claim against all the assets, whether in joint names or in sole names.  Assets include pensions. Even if a pension is already in payment a claim can still be made.

What are the options?

At present there are four options available when considering how to deal with the pension.

• Offsetting: This is where the pension remains with the pension member but its value is taken into consideration when dividing the other assets. For example instead of taking any of the pension you may agree that you have more of the equity in the house.  This has the advantage of giving you cash now.
• Pension sharing: This allows a share of the pension to be transferred. It depends on the individual pension scheme whether the non member can then transfer the pension to a scheme of their choice or whether they have to keep it in the same scheme.  This has the advantage of giving you a pension on your retirement.
• Deferred lump sum: This is where a lump sum is agreed to be paid upon the member retiring and taking their pension. This has the advantage of obtaining a lump sum rather than a pension and can be received much earlier than a pension if your partner is older than you or entitled to take their pension earlier than you.
• Pension attachment:  This is where the pension on retirement (either a proportion of the lump sum, income or both) or any death in service grant is paid direct by the pension trustees. This was however introduced prior to pension sharing and is now rarely used.

How is the pension valued?

You will need to contact your pension provider and request a cash equivalent transfer value (CETV). If the pension is already in payment you will need to request a cash equivalent benefit statement (CEB).  Generally the value used for negotiation purposes is the value of the pension at the date of the CETV or CEB statement and not therefore the value at date of retirement. In some cases however it is appropriate to consider the value either earlier or later than the CETV or CEB statement.

Don’t miss out on your entitlement and ignore the pension. For an initial consultation to obtain advice on your relationship breakdown and pension entitlement or general family advice please call Amelia Summers on 01442 229641

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The current grounds for divorce are set out in a piece of legislation passed in 1973. Back then divorce rates were much lower than they are now (currently 1 in 2 marriages end in divorce) and divorce was still very much taboo. Therefore, whilst the 1973 legislation allowed for divorce, the grounds were limited to ensure a divorce could only take place where one party was at fault or the parties were separated for a period of 2 years or more.

Sian Aung, Family Solicitor and Partner at RRP Associates, says “the news that the Government is now considering amending the current legislation to provide for a ‘no fault’ divorce is received with open arms. This will align the UK divorce laws with the American system which allows for couples to divorce quoting ‘irreconcilable differences’ and I suspect will fast overtake the current most popular divorce ground of unreasonable behaviour.”

There are many advantages of a no fault basis divorce; it takes the ‘sting’ out of proceedings, which helpfully sets a more conciliatory tone when looking at arrangements for the children and financial arrangements. It stops one spouse from using the petition as a weapon, showing it to the parties children or wielding it as proof of a person’s wrongdoing (in fact the court very rarely makes findings on the truth of the allegations set out in a petition). It will also help those whose culture still sees divorce as a shameful act and whose honour can be called into shame, or future marriage prospects impacted by the content of a petition.

The government has on many occasions threatened an overhaul of the divorce legislation, but has always run out of parliamentary time before a bill can be pushed through. Whether it will be possible to push reform through the Houses of Parliament due to the parliamentary time restraints  caused by Brexit remains to be seen.

The RRP Associates Family Department offer a fixed fee initial consultation for anyone seeking to discuss any potential divorce proceedings and to help you understand all the options available to you. If you would like to book an appointment at either our London , tring or India offices, please call the Family Department on 0745 127 0008.

The post Proposed Divorce Reform appeared first on RRP Associates.

A solicitor that can accommodate you outside of 9-5, Monday – Friday?

Our London Office will be open on Saturday mornings from 10am-12pm for personal attendances or prearranged appointments so if you need to pop something in to us please feel free to come over.

Our office is situated on the Churchill Place, London, E14 5EU.

Please note that only our London Office will be open on a Saturday morning

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In recent months there have been stories in the news in relation to Leasehold Properties which portrays them in a negative light, but how much of it is true?

When it comes to property, usually houses are freehold, meaning the owner owns the property absolutely with very few restrictions in relation to how they can deal with the property.  Leasehold properties are generally flats, which are subject to a lease.  The lease can be for any length of time, usually 99 years, 125 years or 999 years. Leases are also usually subject to obligations such as a ‘ground rent’ to be paid to the Landlord to ‘rent’ the space which the property occupies.  At the end of the term of the lease the flat is handed back to the Landlord, and the owner has no further interest in the property.

There is a place for Leasehold Properties in relation to flats, as the leases place obligations on the Landlord to ensure that the Property is insured and maintained adequately, and each flat has the necessary support and protection from the other flats around it.  Furthermore, it is the obligations on behalf of both the leaseholder and the freeholder that make a mortgage lender more comfortable with the security being provided.

There has been a move in recent years for developers to sell a lease of a house rather than the freehold.  These leases tend to have limited obligations on the Landlord with insurance and maintenance of the building being the responsibility of the leaseholder, but the Landlord will still collect a ground rent.  In some developments there are also obligations to pay a service charge in relation to the ongoing maintenance of the communal areas.  It is these leases that are causing concern to property owners, as there does not appear to be any particular need for a lease to be in place, but the ground rent that is required can be a deterrent to prospective purchasers. Some lenders are also reluctant to lend money if the ground rent is considered to be onerous.

While there is currently legislation in place to give the right to owners of leasehold houses to purchase the freehold of their house, there will be an additional premium payable for this, and the process is not quick or straightforward.  As a result, the Law Commission is reviewing leasehold property to see if there is need for reform.

It should also be noted that as the public becomes more informed, developers are now changing their practices and most new build houses are being sold as freehold houses showing that public opinion does have an impact.

Should you own or be purchasing a leasehold property, be it a flat or a house, make sure you take the necessary advice in relation to your rights and options available to you to help you make the right decision for you.

Our Residential Property Partner Shionda Williams comments:

“Whilst owning a leasehold property can seem like a minefield and quite a scary prospect, I believe that there is a place for leasehold properties in the property world.  Leasehold Properties allow more flexible building arrangements and ensure that the leaseholders rights are protected, and that their investment cannot be devalued by a lack of action on someone else’s behalf (i.e. a lack of insurance of a neighbouring flat), that said with the commentary in recent years in some instances leases have been overused, in unnecessary circumstances.”

If you have any queries in respect of the above, please do not hesitate to contact Shionda Williams of RRP Associates LLP on 0845-RRP -0000 or via email at legal@rrpassociates.co.uk. Alternatively come and visit us at one of our offices!

The post Residential Leasehold Property, The Good, The Bad & The Ugly appeared first on RRP Associates.

There appears to be a definite shift towards (i) shorter leases, (ii) more frequent break clauses, and/or (iii) increased alienation provisions allowing for assignment, subletting or occupation sharing. These provide businesses the flexibility to react quicker to any change in their business or sector. Savvy landlords are responding to the shift in trend in order to keep up with competition in the rental market, as most workspaces are even completely moving away from the traditional ‘fully repairing and insuring leases’, and opting for alternatives such as ‘serviced’ buildings and offices.

A way out of your Commercial Lease

There may be many instances which could lead to your need or desire to come out of your existing lease early. Perhaps your business would benefit from a fresh start in a more advantageous location, or you have outgrown your premises and there is a practical and physical need to move into bigger premises, or perhaps your business has found itself in a downward struggle and you can no longer afford your rental payments. Whatever your reason, the ability to come out of your lease early will much depend on the terms of your lease, your relationship with your landlord and the rental market at the given time.

‘Holding Over’ after the end of a fixed term

Often landlords are content with allowing tenants to continue occupation of the premises even after the end of a fixed term lease, without formally renewing the lease. If you find yourself in this situation, you are known to be ‘holding over’ the lease under Section 24 of the Landlord and Tenant Act 1954 (the Act). In order to end the lease during any ‘holding over’ period, you will have to follow a separate procedure contained within Section 26 of the Act.

It is important to consider the options available to you when you are looking to end your lease early, and the route to be taken to ensure you avoid a costly blunder. Please contact our Commercial Property Solicitor, Miss Elham Badizadegan on 0845-RRP -0000 or via email to legal@rrpassociates.co.uk

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New legislation introduced on 27 November 2018 will hopefully speed up the process for making applications to the Probate Registry.

Fazia Hussain, a Wills and Probate lawyer at RRP Associates explains “Those appointed as Personal Representatives need to make a formal application, known as applying for Probate, to the Probate Registry as part of their duties to administer the estate. Historically this process can be lengthy and a recent piece of legislation known as the Non-Contentious Probate (Amendment) Rules 2018 aims to tackle this. For example the new Rules no longer require Personal Representatives to swear oaths and “mark” wills which was a process requiring the representatives to attend the offices of a Solicitor other than their own and to pay a small fee. From now on the Representatives will only be required to make a Statement of Truth which hopefully will save time and some cost.

Fazia goes on to say “Administrating an Estate can be a difficult process at a difficult time and usually the Personal Representatives are not legally qualified so simplifying the process is a good thing and some would say, long overdue”

Fazia deals with all aspects of legal work relating to wills, power of attorneys and probate and has rapidly built a reputation for assisting clients during what is usually a difficult time of their lives. Fazia concludes “I enjoy my area of specialism and I look forward to seeing the impact of the new Rules on the Probate process and hope that it can make it a little easier for all involved”.

Fazia can be contacted by email fazia.hussain@rrpassociates.co.uk or by telephone on 01442 229 670.

The post RECENT CHANGES TO PROBATE LAW TO SPEED UP APPLICATIONS appeared first on RRP Associates.

1.            Take Some Time To Think:

I would always encourage a person considering divorce to take some time before taking steps to obtain a divorce.  A decision to end a marriage should not be an emotional one, but well thought through. I have found that clients who take a bit longer to start divorce proceedings find it easier to make decisions in relation to finances and children to the marriage, and perhaps find it easier to engage in more amicable ways of resolving disputes such as mediation, thereby saving costs, time and making the process less hostile.

2.            Let Your Spouse Know Of Your Intentions:

Each party to a marriage will come to terms with the end of their relationship at different times and in different ways.  Sometimes, one person is ready to end the marriage, whereas the other wants to reconcile.  An agreement on the issue may not always be possible, but a person’s intention to start divorce proceedings should be communicated beforehand, whether in person, email or text. A person receiving a divorce petition can become angry and vengeful, especially if surprised by receipt, and these emotions can make the process more difficult. Your spouse will need to be managed to ensure that proceedings can conclude as amicably as possible.

3.            Find Your Marriage Certificate:

In order to commence divorce proceedings you will need to provide the court with your original marriage certificate.  If you have lost it, it is possible to obtain a copy online.  If you were married abroad, it might be necessary to have your marriage certificate translated before proceedings can be commenced.

4.            Gather Information About Your Financial Position:

Obtaining a divorce is the administrative process of ending your marriage.  However, usually the issue that causes the most concern to a person relate to how financially they will survive post the divorce. I always seek to move financial matters forward as soon as possible and in order to do so I will require clients to provide me with an outline of their financial positions, as well as their spouses.  This will hopefully allow me to provide a client with some indication as to whether the family home will need to be sold and what monthly maintenance support they should expect from their spouse.

5.            Seek Legal Advice From a Specialist Divorce Solicitor:

It is so vitally important that you seek legal advice when contemplating divorce and before commencing proceedings to make sure that, from a legal perspective, you are in the best position to bring proceedings in a way that will meet your objectives. This is so even if you intend to deal with the proceedings yourself. Most solicitors will offer a low cost, fixed fee meeting at which you can discuss your objectives and obtain legal advice. There is no ongoing obligation to instruct that solicitor to deal with matters on your behalf, should you not wish to do so. However, a solicitor will advise you as to whether you are entitled to a divorce, what you should expect in relation to financial provision and arrangements for the children and discuss other matters which may affect you such as potential tax consequences of divorce and dealing with assets, Wills and inheritance prospects.  You can then be assured that your decision making moving forward is on an informed basis.

If you need advice, please contact us on 0845-RRP -0000 or complete the online form at the end of our ‘Family Law Solicitors’ page by clicking here

The post Five Steps To Take Before Starting Divorce Proceedings appeared first on RRP Associates.

The sessions are by appointment only so please ring 01582 870880 and speak with Sarah to arrange a convenient time. All sessions are fully confidential and will take place at either of our offices in India or London .

The post FREE MATRIMONIAL ADVICE IN JANUARY appeared first on RRP Associates.

1.    How long have you worked for RRP Associates?

I have worked as a Consultant with RRP Associates since 1st November 2010.

2.    What area of law do you specialise in?

My work mainly consists of Commercial Property including property development. I also do some private client work including Wills, Trusts, administration of estates and estate and tax planning.

3.   What are your hobbies?

Mainly sport including watching rugby, cricket and golf. I also sing in a Pop and Rock choir. I enjoy spending time with my family and grandchildren.

At this time of year I am also busy with our Christmas Tree business.

4.    Tell me about your Christmas Trees.

We grow and sell Christmas trees on our family farm in North Cheshire.

5.    What types of trees and which one is the best for Christmas ?

We grow Nordmann Fir, Norway Spruce, Fraser Fir, Blue Spruce and Serbian Spruce. At the moment we have approximately 25,000 Christmas trees growing. The best trees for Christmas are non-needle drop varieties which are the Nordmann Fir and the Fraser Fir. The best tree for hanging decorations on is the Nordmann Fir as this tree has longer and more open branches. The Fraser Fir is more dense and has a lovely Christmas tree scent.

6.    Where can you still get a Tree from John?

If you are local to North Cheshire we are open right up to the 22nd December. I would advise if you are buying a Christmas tree that you try to buy from a local grower registered with the British Christmas Tree Growers Association as their trees are likely to be fresher than trees sold at other outlets.

Merry Christmas everyone from our resident Christmas Tree grower.

If you would like a bit information about John’s Christmas Trees you can find more information on www.grappenhallchristmastrees.co.uk

The post 60 Second interview with John at our Birmingham office. appeared first on RRP Associates.

Siobhan, a Partner and Head of Family and Private Client at RRP Associates was there to offer support and guidance and to answer questions around Wills and Lasting Powers of Attorney.

Siobhan said “It was really lovely to be surrounded by other mums and lots of little babies and be able to provide them with some of the tools they might need to better prepare themselves should the worst happen. There’s never a good time to talk about “what if” but it’s so important to get in that frame of mind as early as possible so that your wishes as a parent or parents are put down on paper and acted upon should they need to be”.

Siobhan continued “We’re really grateful that the NCT let us come along and be part of their group, which was friendly and laidback. Hopefully some of the mums are now more confident in what they need to put in place for peace of mind. As a mum I know how important your little ones are and having something in place is invaluable to give them peace of mind and to allow young parents to actually enjoy the new experience of parenting.

If you need help or advice about Family Law, Wills, Trusts or Lasting Powers of Attorney then call Siobhan or one of her team on 0845-RRP -0000 or email legal@rrpassociates.co.uk  

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