How would I know if a loved one had any debt?
If you are appointed to act as a Personal Representative (PR), you have a legal duty to settle all liabilities of the deceased’s estate. However, when a loved one dies, it can be difficult to know the
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How are pensions dealt with on divorce?
Many people pay into pensions their whole lives without really thinking about it. It can therefore come as a surprise when divorcing that pensions are treated as a matrimonial asset, in the same way as other assets
Will my children be adopted/ placed in long term foster care together?
Sibling relationships are often the longest relationship we will experience in our lives. During Care Proceedings, the Local Authority recognise the importance of sibling relationships and therefore aim to keep siblings together where possible, when making decisions.
Why Care Proceedings Take 26 Weeks (and Why They Often Don’t)
Parents involved in Care Proceedings will almost always be told about the “26-week” timetable”. The law is clear that Care Proceedings should usually be concluded within 26 weeks, or around six months, from the date the application
How Are Assets Divided In A Divorce?
If you are facing a divorce, you will undoubtedly have scores of questions about the process and likely outcomes. One question that our specialist family law solicitors are asked time and again is, ‘How are assets divided
How Are Pensions Split in a Divorce in England and Wales?
Pensions are often one of the most valuable assets in a relationship, and how they are split on divorce in the UK can have a profound impact on each person’s future financial security. If you need answers
High Net Worth Divorce Lawyer
High-net-worth divorces often involve a number of issues not seen in standard divorce cases. The financial stakes are higher, the assets are more complex, and the potential for dispute is greater. That is why seeking specialist advice
High-Net-Worth Divorce Solicitors
High-net-worth divorce cases often involve far more than dividing the family home, a couple of pensions, and some savings. They necessitate unravelling complex wealth structures, protecting reputations, and securing long term financial security across generations. The high-net-
Pension Sharing On Divorce
Pension sharing on divorce is often one of the most significant, and often misunderstood, aspects of a financial settlement, especially where one or both spouses have built up substantial retirement savings. At Johnson Astills, our family law
National Stalking Awareness Week
This year, National Stalking Awareness Week will take place on 21st April – 27th April 2025 and the aim is to raise awareness around the signs of and how to spot stalking. It is estimated 1 in 5 women,
What is a Transfer of Equity?
When the legal ownership of a property is transferred, this is known as a transfer of equity. This process allows property owners to add their names onto the title of the property or remove themselves from the
Domestic Abuse is a national emergency, with a deadly impact.
Every life lost following domestic abuse leaves behind a family heartbroken. For too long these deaths have been treated as ‘unavoidable tragedies’, but they are not.’ – Julie Devey, Chair of Killed Women (organisation and network for
What will happen at a Child Protection Conference?
Child protection conferences are an important part of the child safeguarding process. When professionals suspect that a child is at risk of significant harm, a Child Protection Conference may be arranged to assess the situation, create a
Civil Partnerships 20 years on…
This year marks the 20th anniversary of the Civil Partnership Act 2004 which came into force on 5th December 2005. The first civil partnership registration took place on that same day allowing same-sex couples to enter a similar lifelong
What is a Re B-S analysis, and does it impact my Care Proceedings case?
Re B-S was a Care Proceedings case that took place in 2013 and has shaped how Local Authorities are expected to evidence analysis when showing their final care plans. Whilst there has always been a duty on
Private School and Divorce – Who pays the School Fees?
There are many difficult decisions that need to be made when a divorcing couple are separating their finances from each other. For those parents who choose to send their children to private or public schools, there is
How long does it take to get a Grant of Representation?
How long are the Probate Registry taking to issue a Grant of Representation? HMCTS have recently confirmed that Probate Registry wait times, for straight forward applications, for a Grant of Representation have more than halved. The average
Stalking Offences in the UK – what are they and the consequences
What is Stalking? Under the Protection from Harassment Act 1997, stalking is recognised as a pattern of repeated, unwanted behaviour that causes distress or fear in the victim. Examples of stalking behaviour are; following a person contacting, or
What is an Application for Deputyship (Property and Financial Decisions)?
Deputyship applications can be made to the Court of Protection for an order appointing you as Deputy to manage the property and financial affairs of your friend / relative. Becoming a Deputy for your friend / relative means
UPDATE YOUR WILL WEEK 2025 – 3rd to 9th March
Why do I need to update my Will? It is important to make sure that your Will reflects what you would want to happen to your estate if you were to die now. This way, it gives
What is the Pathfinder Pilot Scheme?
The aim of the Pathfinder pilot is to bring together local authorities, police and other support services to gather and share information on a private law (applications brought about by parents) children case at the earliest opportunity.
Property Transaction Timescales
Any type of property transaction involves several important steps and sometimes this process can be time consuming. As we draw closer to the Stamp Duty Land Tax deadline on the 31st March 2025, thousands of individuals across England
Gisele Pelicot and the intersection with Domestic Abuse
Gisele Pelicot is a name that, in certain circles, is associated with personal strength and resilience. She has recently emerged as a symbol of survival, particularly by those affected by Domestic Abuse. Her journey intersects with issues
The Probate fee increase has been scrapped!
In order to obtain a Grant of Representation from the Probate Registry (which includes a Grant of Probate), an application fee must be paid. The application fee is currently a flat fee of £155 if a Solicitor
Internal and External Relocation
It is not uncommon that following a breakdown of a relationship, that one party wishes to relocate (with their child(ren)) either in the UK or abroad. This can be a complicated and emotional process with legal implications
What Are the Legal Ways a Child can be Cared for in a Family Placement?
Exploring Family Placement Options in Care Proceedings: Special Guardianship Orders, Child Arrangement Orders, and Kinship Fostering When a child is unable to remain in the care of their birth parents, there are several options for family placements
The Risks of Accepting a Fixed Penalty Notice for Driving Offences
A Fixed Penalty Notice (FPN) is an official notice issued by the police for certain driving offences. Fixed Penalty offences, such as speeding, driving without insurance, using a mobile phone while driving, an FPN may be issued
What do Financial Remedies Proceedings look like?
In most cases, the dispute between spouses can be resolved without an application to the Court to commence financial remedy proceedings needing to be made. Some cases though cannot be resolved amicably, so it is useful to
Parental Alienation
What the 2024 Family Justice Council Guidance means for future Court cases Over recent years, the term Parental Alienation has become increasingly common, especially within Court proceedings relating to children. Allegations of alienating behaviours are often (but
What is a North Yorkshire Hearing in Care Proceedings?
Where the Court has been provided with all the evidence relating to a child’s parents in Care Proceedings and the professional assessments of them are negative, they can be ruled out as potential carers before a Final
Can I give my house to my children before I die?
There are various points to consider before gifting your property to someone else, including but not limited to: deliberate deprivation, gift with a reservation of benefit and potentially exempt transfers. What is Deliberate Deprivation of Assets? This
Legislating to keep families together and children safe, and to remove barriers opportunity
As of November 2024, the Government has announced they intend to reform the social care system. New rules and regulations have been put forward with an aim to widen opportunities for families to remain together. To summarise
I am a First-Time Buyer…. What do I need to know?
Johnson Astills understand that property transactions, such as buying or selling a house can be a stressful process for any of our clients, but even more so for first-time buyers. Buying your first property is exciting and
What happens if my spouse dies during our divorce?
Divorce is a stressful period for anyone, but it can be made more difficult by the death of an estranged spouse. The final Divorce Order (previous called a Decree Absolute) is the document that legally ends a
Crowned with Care
For all children, going into the Care system can be extremely daunting. Local Authorities do their utmost to ensure that children are placed with culturally appropriate foster carers, but this is not always the case. Can you
Divorce Day 2025
What is Divorce Day? It is believed that couples are more likely to end a relationship after spending the festive period together, therefore the first working Monday of the new year is referred to as ‘Divorce Day’.
“Help! Social Services Are Trying to Steal My Child”: Understanding the Process and Your Rights
The involvement of social services in a family’s life can be distressing, especially when parents fear that their child might be taken away. The fear of having your child “stolen” by social services is a common concern,
Navigating Pensions in Divorce Proceedings
It can be a challenging prospect trying to deal with pensions in divorce proceedings. However, it is an asset that your spouse can make a claim over when considering how to divide the finances of the relationship.
The Queen and Domestic Abuse
On Monday 11th November, ITV released a documentary entitled “Her Majesty The Queen: Behind Closed Doors” which told the story of several domestic abuse survivors and detailed the Queen’s work to raise awareness about the prevalence of
What is a Section 7 Report?
A Section 7 Report is a court-ordered document prepared under Section 7 of the Children Act 1989. It is ordered when parents cannot agree on arrangements for children’s care, usually only if there are any aspects of
How long will my information stay on Police Record?
The Police National Computer (PNC) retains all records of arrests and summons, regardless of the outcome. This information remains on the system until the individual reaches 100 years old. In addition to police records, DNA profiles and
Receiving a witness summons – consequences of not attending Court
If you are summonsed to court as a witness, it is essential to understand what this means and the implications of failing to comply. A witness summons can be issued in cases where your evidence is considered
I was sat in my car after drinking – am I guilty of a Criminal Offence?
If you have been caught sitting behind the wheel drunk or even near your car after drinking, you might wonder if you are committing an offence. UK law allows the police to charge you with being drunk
Do I Need a Legal Representative for a Police Interview?
Yes! Whether you are under arrest or asked to attend the police station voluntarily, being interviewed by police under caution can be an intimidating experience, a legal representative can safeguard your interests, ensure your rights are protected,
What is an application for Exceptional Hardship?
An application for exceptional hardship can be made when a driver accumulates 12 or more penalty points on their licence within any 3-year period, leading to a potential disqualification under the totting up ban provisions in Section
What happens if I am an Executor and I don’t want to act?
What is an Executor? An Executor is someone who is legally responsible for carrying out the instructions in your Will and handling your estate. Your estate is everything you own upon your death – this includes money,
Number of drivers caught using their mobile phone whilst driving in Leicestershire increases significantly
New legislation came into force on 25th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the offence
How accurate can hair strand tests be?
Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been
Will I be affected by the Autumn Budget?
What is the Autumn Budget? The Autumn Budget is an update from the UK Government about the state of the economy. It was launched on 1st November 2024. According to the UK Government, the aim of the
What is a Risk Assessment?
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic
