Divorce: the importance of choosing the right solicitor

Considering divorce can be a daunting experience at the best of times but when we are still coming out of a recession and may in fact be entering a second recession the thought of having to enter into ‘battle’ over the family assets is for some a major nightmare.

In some cases the only asset is the home and though there will be considerations to be taken into account if children are involved the resolution of the finances between the parties can be relatively straightforward.

However there are more complex cases involving businesses, investments, trust funds and even inheritances.  To find a solution that will meet the needs and financial goal of each party is not easy and often proves problematic as well as expensive.

The need for a good solicitor and one who can work with you to find a working solution without having to run up a large legal bill is essential.  The aim is to ensure there is full and early assessment of the value of the assets, usually with the help of specialist financial planners and other experts, and that the line of communication is opened early, and remains open, with all concerned.

You need to choose a solicitor who can handle you case in such a way so as to minimize the hostility and bitterness that often hampers progress.   A solicitor than can allow you and your partner to preserve your dignity and to work together in doing all that you can you to ensure that those assets which have been accumulated within the marriage are not lost in unnecessary legal and court fees.

A good solicitor will not be one who embarks on sending out inflammatory letters and whose actions only serves to fuel additional bitterness as well as taking money out of your pocket when it is not necessary.

The need to open up early and constructive dialogue with the solicitor acting for the other spouse is essential.   Early and open discussion on issues that you and your spouse believe to be addressed will help to ensure issues are constructively discussed and resolved and the need for Court intervention is reduced.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

iPad 2 to be announced on 13th February?

There is much talk within the technology press about the possible imminent release of the iPad 2.  

The Mobile World Congress starts on the 14^th February and there is good money on Apple releasing news of its launch next Sunday. This coincides with what was previously reported in Macnotes that the iPad 2 would be released at the beginning of Q2.

It is also suggested that Apple’s latest iOS operating system will be demonstrated at the same time.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Nationwide predicts extended stagnation in property market

Property costs declined by 0.1 per cent last month, taking the average home down to £161,602, according to the latest statistics published by Nationwide,.

This is a year-on-year decrease of 1.1 per cent and means houses now cost less than in September 2009.

Nationwide chief economist Robert Gardner said that although the outlook for the year as a whole is still uncertain, "the most likely outcome is that the pattern of low transaction levels and prices moving sideways or modestly lower will continue through 2011".

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Property Ladder - Tips for moving up

Today saw an interesting article published on Money Supermarket’s website focusing on tips for those moving up the property ladder.  

It reports that recent research by Lloyds TSB has revealed that those looking to buy their first home are not the only ones struggling.  The bank found that 19% of people already living in their first home and looking to move on simply do not have enough equity to do so.

The average second home is priced at £48,216 more than the average first home, which is a hefty 32% increase.

The TIPs for those looking however to make that next step include:

Get an idea of your home's value:

Websites such as www.propertypriceadvice.co.uk provide a lower, higher and average valuation depending on confidence and activity in the market. Make sure you keep a realistic view on the value.

Be prepared to take a price cut:

If your home isn't budging, be prepared to reduce the price as this might be your only option. According to the Lloyds TSB research just 13% of people will reduce the asking price if they can't sell their home at the current price

Try to keep the value to under £250,000:

The duty  jumps from 1% to 3% as soon as you break through the £250,000 mark on your new home, so try to keep under the threshold by shopping around and, of course, negotiating. Keep in mind that the average expenditure on other moving expenses is around £5,500.

Stamp Duty Tax planning may be option for those buying above £250,000.

Remember only first-time buyers who have never owned a property before are exempt from paying Stamp Duty on properties costing up to £250,000, and this exemption only applies until March 2012. If you are buying with someone else, they must never have owned property before either for the tax perk to apply.

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Senior Judge calls for change in law to benefit cohabitees

Sir Nicholas Wall, the president of the Family Division, has today said that Unmarried couples who split up after living together should have legal rights to a possible share of property and money. He added courts would be more sympathetic to a claim where the couple had been living together for a significant amount of time.

Currently apart from when children are involved a judge has no discretion to make financial provision or adjustment in the same way as is possible when dealing with married couples.  A sixth of couples in Britain live together with the number expected to rise.

Sir Nicholas told the Times: "I am in favour of cohabitees having rights because of the injustice of the present situation. Women cohabitees, in particular, are severely disadvantaged by being unable to claim maintenance and having their property rights determined by the conventional laws of trusts."

He added: "If cohabitation has been short and the contribution minimal, judges would not be sympathetic to a claim."

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Google Streetview and Museums

A new Google resource has today come on line. Google has extended its Streetview facility to enable some of the world's greatest museums and institutions to become visible through its 360° photo project. The institutions include the New York MOMA, the Uffizi in Florence and the Tate Modern in London. They can also be seen on a dedicated website that Google has created specifically for this project. 

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Conveyancing Quality Scheme - another Law Society 'White Elephant'?

The Law Society is now actively promoting  its new residential conveyancing quality scheme.

The Conveyancing Quality Scheme, which is supported by the Council of Mortgage Lenders, will provide a recognised quality standard for residential conveyancing practices.

No details of the benefits of the scheme are known, though the Law Society is planning to publish these at the beginning in April to coincide with the Easter house-hunting surge.

It is reported that Law Society president Linda Lee is claiming that over the past three years, the society had led consumer PR campaigns encouraging the public to use a solicitor rather than other legal providers – all of which had been successful.

This campaign it seems was rather low key as reports from some solicitors claim that the Law Society has not done enough to promote the profession and that a large section of the public has now resigned itself to be led by cost rather than quality.  

Linda Lee is reported to have said: “We now plan to do the same with CQS, a scheme which will be of genuine benefit to anyone buying a home.

“The aim is to generate publicity for legal practices which have secured the CQS mark of excellence and enable them to market their CQS status to the public effectively.

Until the benefits to the consumer are known a large number of solicitors are asking whether this scheme is likely to become another ‘white elephant’ similar to the Law Society’s Personal Injury and Clinical Negligence panels.   Those schemes that have been up and running for a number of years have had little impact on the consumer’s choice of solicitor.

The Law Society is hoping that this scheme will help solicitors compete with outside suppliers when they begin to come into the market after the full implementation of the Legal Services Act in October of this year.   The general view however is this move is represents  ‘too little, too late’  and is likely to have little impact.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk