The A – Z of divorce and finances

The A – Z of Divorce and finances
A lternative Dispute Resolution – no one wants to go to court to have a Judge decide on the division of their assets.There are other options to court including negotiation, arbitration, collaborative and mediation B ury St Edmunds – this is our "local" divorce centre following the centralisation of the family courts.Last year Bury dealt with over 4...
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Funding for divorce, dissolution and financial remedy cases

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​Divorce and dissolution represent periods in people's lives when they face many fundamental changes.  The cost of that process is very often a factor that must be considered carefully at the outset, not least when the separation is difficult and does not involve agreement with the other spouse. There are a number of options available to a per...
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Lasting Powers of Attorney and health care decisions

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A Lasting Power of Attorney (LPA) is a legal document that enables a person to appoint someone (an Attorney) to help make decisions relating to a person's property and financial affairs in the event that person becomes unable make those decisions themselves due to loss of mental capacity. ​ Whilst many people are familiar with an LPA in relation to...
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Executors Responsibilities

Executors Responsibilities
Anyone who has made a Will knows that it needs to contain an appointment of at least one Executor.  The role of an Executor is to administer your Estate when you pass away, wind up your general affairs and ultimately distribute your estate to the people you have chosen to benefit.  Whilst this brief outline makes this role sound straightf...
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How can Settlement Agreements benefit an employer?

How can Settlement Agreements benefit an Employer?
Settlement agreements are more and more widely utilised when settling disputes or grievances between employers and their employees. Settlement agreements can also be used to end the employment relationship, or after the employment relationship has ended - either before or after proceedings have been issued. But how do settlement agreements act...
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What can you do if an employee owes you money?

What can You do if an Employee Owes You Money?
An employee can owe their employer money for a number of reasons – for example, if an employee has taken more holiday than they are entitled to, or if they have borrowed money from their employer. Even in cases where an employee has damaged property or stock by carelessness, under the Employment Rights Act 1996 , an employer cannot recover the cost...
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In debt, indebted, or just want to know how to get your money?

In Debt, Indebted, or Just Want to Know How to Get Your Money?
A new Pre-Action Action Protocol for Debt Claims (the Debt Protocol) came into force on 1st October 2017. Subject to certain exceptions, the Protocol applies to any business, including sole traders and public bodies, claiming payment of a debt from an individual (including a sole trader).The Protocol does not apply though to business-to-business de...
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Giving Gifts - a Guide for Deputies and Attorneys

Giving Gifts - a Guide for Deputies and Attorneys
The Office of the Public Guardian has recently published a revised practice note (PN7) that sets out further guidance for professional deputies and attorneys appointed under a registered Lasting Power of Attorney for property and financial affairs. The amended guidelines give advice on the regulations of giving gifts - we highlight the key measures...
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How to Contest a Will

How to Contest a Will
There is a misconception that a Will cannot be changed after a testator has died; this is not the case. Wills can be disputed and changed based on many grounds, including lack of testamentary capacity, undue influence or coercion, lack of knowledge and approval, and even forgery and fraud. We give a rundown of the possible reasons for disputing a W...
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Body and Burial Disputes - FAQs

Body and Burial Disputes - FAQs
Stress and upset following a death in the family can occasionally lead to a dispute on whether there should be a burial or cremation and even possibly where this should take place. Although a deceased's Will may indicate their wishes, where a deceased dies without a Will, there is a list of individuals who can take control of the deceased body. We ...
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What is a Lasting Power of Attorney?

What is a Lasting Power of Attorney?
Have you considered who would make decisions on your behalf in the event that you were unable to because of loss of physical or mental capacity, either temporarily or in the long term? It is a common mistake to assume that your decision making will automatically pass to your next of kin. However, this is not always the case. We go through exactly w...
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Birth Injury FAQs

Birth Injury FAQs
It is unfortunate that, in this day and age, birth injuries still occur. Sometimes they are temporary, and other times they are permanent and last a lifetime. Symptoms can vary from one individual to another; where one infant or mother may have mild symptoms, another with the same injury may record far worse symptoms. We run through the most freque...
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Unexplained Wealth Orders Explained

Unexplained Wealth Orders Explained
Unexplained wealth orders (UWOs) were introduced by Section 1 of the Criminal Finances Act 2017 and came in to effect on 31 January 2018. They were introduced as a mechanism to investigate and confiscate the proceeds of crime by using civil, rather than the traditional criminal powers available to investigate suspicious assets which are thought to ...
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When is Someone Too Ill to Make a Will?

When is Someone Too Ill to Make a Will?
Dementia, among other disorders and diseases, can highlight huge challenges for both doctors and lawyers when assessing the testamentary capacity of a person when preparing their Will. The current UK law requires a person to fully understand what they are doing and the implications of such decisions. But what processes are used to ensure that someb...
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What is Shared Ownership?

What is Shared Ownership?
Shared ownership is a government-backed scheme offered by housing associations which allows you to part-buy and part-rent your home. Read our simple Q&As all about shared ownership. If you can't quite afford the mortgage on 100% of a home, you can buy a percentage share of your chosen property (typically between 25% and 75%) and then rent the p...
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Top Ten Tips for Separated Parents During School Holidays

Top Ten Tips for Separated Parents During School Holidays
It's no secret that most children greet the school holidays with open arms, viewing them as a well-earned break from their learning. However, they can prove to be difficult to juggle for parents – especially if you're bringing up children alone. We count down our top ten tips for separated parents during the school holidays. The holiday period is m...
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How to Succeed in a Claim for Medical Negligence

How to Succeed in a Claim for Medical Negligence
Medical and clinical negligence claims differ from personal injury claims; to bring a successful compensation claim it has to be shown firstly that mistakes were made that amount to medical negligence and secondly, that, as a result of those mistakes, you (or somebody else) suffered an injury. We look at the key factors in successfully making a cla...
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Family Lawyer's Top Tips for Christmas Contact

Family Lawyer's Top Tips for Christmas Contact
​ Christmas is traditionally a time where families celebrate the festive period together – so it can be stressful and upsetting for separated parents and their children. We look to ease some of the stress with our top tips for Christmas contact for separated parents.  Contact arrangements can prove to be a bone of contention throughout the fes...
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Making Redundancies - How to Get it Right

Making Redundancies - How to Get it Right
Are you contemplating making redundancies? With many companies now considering this route, we look at the accepted reasons, correct procedures and the potential legal implications of getting the redundancy procedure wrong. One in seven UK workers were made redundant during the last recession according to the Office for National Statistics. Despite ...
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Mental Health at Work FAQs

Mental Health at Work FAQs
Recent research has confirmed that there is still a culture of fear and silence around mental health at work, which can prove costly to employers. We look at what is mental health, what managers can do to help and how to avoid discrimination. Mental health is more common that you think. One in four people will experience symptoms of mental ill heal...
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