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Category Archives: News and legal updates

HCL

Posted by Amir Assadi

I can issue divorce proceedings on my own, I don’t need a solicitor … do I?

You have decided to divorce and you are wondering whether you can deal with the divorce yourself to save the cost.

Can you? The answer is probably yes, you can. The process itself is relatively straightforward and HMCTS have moved it online to simplify things further.

However, the question you should really ask yourself is – should you …?

Due to the apparent simplicity of the process, we are finding that more and more people are now choosing the DIY option when it comes to divorce. However, we are also finding an increased number of problems. The main examples are:

  1. People are getting through the process to a point, and then finding it difficult to obtain a decree because something has gone wrong, legally or procedurally. In the end, it can often cost more to rectify these problems than it would to have instructed us in the first place. It usually always adds delay, too.
  2. In circumstances where someone has successfully completed the divorce process online, and then later wishes to instruct us to deal with financial settlements, there can sometimes be problems because of what was said in the divorce petition. Some of these errors can be fatal – one example involved someone finding out that they could not actually make a claim at all, for anything. Other less severe examples involved people who had to spend more and tax extra procedural steps to be able to make a claim for finance and property – in the end, again, costing more overall.
  3. Divorcing fundamentally changes your legal status and can substantially affect your entitlement in the event your ex-spouse pre-deceases you before financial arrangements are formalised.

Even though the process itself is online and apparently simple, divorcing is still a legal procedure which requires careful handling to ensure all the relevant things are thought about and all the relevant legal criteria are met. Almost always, it is necessary to consider the wider picture before ploughing on through it. Depending on how you approach it, you may cause yourself the kind of problems described above which can be self-defeating.

We offer a fixed fee for divorce (£600.00 inc VAT) and can ensure that you receive tailored advice which protects your interests. We can also offer advice on Wills at the same time so that you can make informed decisions which may not only affect how your estate passes, but also your ex-spouse and children.

Speak to a family solicitor today on 0191 296 1777 to arrange an initial, free, no obligation 30 minute consultation to find out more. We can offer appointments by telephone, video call or, if necessary, face to face in a Covid secure environment.

HCL

Posted by Anita Swift

Exciting opportunity for a Commercial Property Solicitor (0-2 years PQE)

You will be joining a down to earth and friendly firm that offers high quality legal advice for businesses and individuals. You’ll be part of a dedicated team of commercial property specialists experienced in all types of commercial property transactions.

Our commercial team handle a varied caseload of commercial property transactions this includes sales, purchases, refinancing of property portfolios, assignment of a lease or the granting of a new lease.

Transactions also include:

  • Dealing with all property inquiries from both a Buyer and Seller perspective
  • Drafting and negotiating the terms of commercial leases
  • Acting for banks and lenders in respect of any queries
  • Dealing with registration of the property and HM Land Registry
  • Dealing with properties held in SIPPs

This is a fantastic opportunity for an enthusiastic Commercial Property Solicitor to join a firm that is investing in the future.

The ideal candidate will be 0-2 years PQE, although applications from candidates outside of this will be considered. If NQ level, it is essential that you have done a seat in commercial property and are able to run your own case load.

Applications by post and email:

Please provide a short introduction, indicating the position you wish to apply for and attach a copy of your CV addressed to:

The Practice Manager, Hindle Campbell Law, 8 Northumberland Square, North Shields, NE30 1QQ (email: clare.usher@hindle-campbell.co.uk)

HCL

Posted by Anita Swift

Experienced Private Client Secretary & Commercial Property Secretary required

A rare opportunity has arisen for both an experienced Private Client secretary and Commercial Property secretary to provide part/full time support in our very busy teams.

In order to be considered for these roles you should be an experienced legal secretary with excellent typing skills, a high degree of accuracy and a familiarity with case management systems.

Typical duties will include opening new files, checking ID, responding to correspondence, liaising with clients and general office administration. You will help to manage diaries, to prepare bills and transcribe dictation.

The ideal candidate will be client focussed, highly organised with strong communication skills and an ability to work on their own and use their own initiative.

These are fantastic roles for well organised, dynamic individuals.

Applications by post and e-mail.

Please provide a short introduction, indicating the position you wish to apply for and attach a copy of your CV addressed to:

Anita Swift, Office Manager (anita.swift@hindle-campbell.co.uk)

HCL

Posted by Stephanie Doughty

TOLATA: Property claims for separating unmarried couples

It is a difficult time with the breakdown of a relationship especially for unmarried couples who are not protected by the same laws that apply to married couples.

The Trust of Land and Appointment of Trustees Act (TOLATA) 1996 gives a Court the ability to assist in resolving property disputes that arise between unmarried couples.

Depending on how the property is legally owned will depend on how these matters are looked at:

The property is owned in joint names but there is no agreement as to how the property is split

The starting point is that the parties are entitled to an equal share. However, if there is a dispute the parties must prove that they had a different intention to an equal split when the property was purchased, or that the intentions changed during the relationship.

The property is owned in joint names and there is an agreement as to how the property is split

The Court will generally conclude in such circumstances that the property is owned in accordance with the express agreement however there are limited grounds in which they can be challenged.

The property is owned in one party’s name only

Generally, the law will determine that the person whose name the property is in owns it 100% however if this is disputed, the Court will look at whether the parties agreed that the person not registered would be entitled to a share.

In addition, to the Court making an order determining the share of the property each party owns, the Court can also assist by making such orders as:

  • an order forcing the sale of land or property
  • an order giving a party the right to gain access to the property when the other party refuses to leave
  • an order enabling third parties to recover their financial interest in a property owned by the separating couple.

If you are unsure of your options or would like assistance in pursuing a claim under TOLATA further, please contact Stephanie Doughty at Hindle Campbell Law by email at stephanie.doughty@hindle-campbell.co.uk or by telephone on 0191 296 1777.