What you should consider when choosing a professional to handle your divorce and financial matters

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There are many businesses that offer support when you are seeking a divorce or dissolution of civil partnership.

When choosing a professional to assist you through the divorce process it is important to be aware of the difference between divorce service providers.

Regulated Professionals

A regulated professional can both advise and represent you in divorce proceedings.

If the divorce service provider is regulated this means that: –

  • A complaint can be made to the Legal Ombudsman about problems with the service received if the business does not resolve in house.
  • Regulated professionals have to follow codes of conduct set out by their regulator. This includes standards, training and qualifications they must meet.
  • There could be access to compensation either through the provider’s own insurance or through a legal regulator’s compensation scheme.

If a business is regulated you can look them up through the regulation website. If for example, a business is regulated by the Solicitors Regulation Authority (SRA) they will appear on this website. The company’s own website will also show a green tick to confirm they are an SRA regulated firm.

Other Divorce Service Providers

Only you acting in person or regulated legal professionals are permitted to file divorce papers with the Court.

Many online divorce businesses can offer support and advice on preparing the divorce papers. These business may offer a cheaper or more convenient service for your but are not subject to the same regulatory requirements as a regulated professional.

Getting the right information

There are many elements to the divorce process and it is important to consider the service you require. Your financial situation and whether you have children will be factors to consider.

It is important to consider whether you have agreed on where any children should live and how much time they will spend with each parent. It is also important to consider whether you have decided how you will divide money, property and other assets.

There are firms that offer ‘DIY Divorce Kits’. Other firms offer basic advice or administrative support. Some providers offer more detailed legal advice.
It is important to ask yourself exactly what is included in the service and whether it is suitable in your particular circumstance. For example: –

  • Is a legal advisor going to guide you on your decisions around the divorce process? Or are you receiving general advice to complete a ‘DIY’ divorce.
  • If a business offers to complete your divorce paperwork, are they simply transferring your information from a questionnaire, or are they advising on how to complete paperwork?
  • It might be an idea to look at the forms to be submitted to the Court ahead of purchasing a service to see how complex these are.
  • If there is anything unclear ask the business and get clarification in writing.

The cheapest quote may not be the best one to suit your needs. It is a good idea to shop around. If you are having a personal consultation with a business it is a good idea to ask about their qualifications, training and experience.

Costs

It is important to consider how the charges are calculated for a particular service. You should check whether there is a one-off fee, what is or is not included within that fee or whether the business charges and hourly rate. It would also be good to check whether there are any further fees such as Court fees.

Other Key Considerations

If you do not know the unfamiliar words or phrases used by the provider, ask them to explain this in plain language.
It is imperative that you understand the terms and conditions that come with a divorce service and you should read these carefully before proceeding.

Other steps to be considered: –

  • Check whether the divorce service provider has professional indemnity insurance in place. This is important as if something goes wrong and this is not in place you might not be able to recover compensation
  • Check whether the divorce service provider has a complaints handling process and what options are available if something goes wrong.
  • Ensure you look out for any limits on compensation and whether these are unfair.
  • Research the relevant guidance on the process for a divorce where you live so you can better understand the services being provided.

 

The Employment Rights Bill; Employment Law Changes Are Coming

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On the 10 th October 2024 the Government introduced into Parliament the Employment Rights Bill. The Bill looks at 28 different employment law reforms, some of which are quite radical and will result in a huge change to employment law, including establishing day one right for employees to bring claims for unfair dismissal, subject to a statutory probationary period. There is the introduction of statutory bereavement leave. Also, to prevent zero hours contracts from being abused such workers will be entitled to guaranteed hours
reflecting actual, average hours worked.

The current statutory sick pay (SSP) three-day waiting period and the lower earnings limit will be removed, and flexible working will become the default where practical.

This is to name just a few of the changes!

Watch this space – we will produce further blogs to keep you updated.

If you need employment law advice or representation as an employee or employer then please do get in touch. Our employment law specialist, Jennifer Carpenter, solicitor/partner
has over 25 years experience in this field.

What Does Conditional Order Mean In Divorce Proceedings?

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The Conditional Order (previously known as the Decree Nisi) is granted by the Court once the 20 week cooling off period, which is from the date of issue of the Divorce Application, has passed.

The Conditional Order is the first stage in the divorce proceedings and parties are not legally divorced until one or both parties apply for the Final Order (previously known as the Decree Absolute). This can only be applied for six weeks after the date of the Conditional Order.

Once the Final Order is granted by the Court, this legally brings the parties’ marriage to an end.

Please note however, that even though the Final Order has been granted in the divorce proceedings, this does not stop either party making financial claims against the other.

We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.

Renters’ Right Bill 2024; Landlord and Tenant Update

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The Renters’ Right Bill (RRB) received its first reading in the House of Commons on 11 September 2024. The RRB 2024 sets out various reforms to the private rented sector and builds on the Renters (Reform) Bill 2023 (introduced by the former Conservative government).

The key proposals in the RRB 2024 includes the abolition of fixed-term assured tenancies and assured shorthold tenancies (ASTs) and therefore the abolition of “no-fault” evictions under section 21 of the Housing Act 1988.

The RRB 2024 also amends the grounds for possession, to provide tenants with more security. For example, tenants will have a 12-month protected period at the beginning of a tenancy, where they cannot be evicted for the landlord to move in or sell the property. After the protected period, the landlord will need to give four months’ notice to gain possession on those grounds. The amendments also aim to ensure that landlords can obtain possession if reasonable.

The RRB 2024 also provides for the introduction of a “Decent Homes Standard” for the private rented sector, under which landlords may be prosecuted or liable to a civil penalty for failing to address serious hazards.

Other proposed changes include:

  • Extending “Awaab’s law” (requiring social landlords to investigate and fix reported health hazards) to the private rented sector. This will enable tenants to challenge dangerous conditions (for example, damp and mould) and require landlords to act within specified timescales.
  • Ending blanket bans on tenants with children, or who are receiving benefits.
  • Banning rental bidding wars. Landlords and letting agents must publish an asking rent and will be prohibited from requesting, encouraging or accepting bids above that price.
  • Limiting rent increases to once a year, to the market rate.
  • Giving tenants the right to request a pet, to which landlords cannot unreasonably refuse consent.
  • Introducing a new ombudsman (to provide a cost-effective means of resolving disputes) and a new private rented sector database (to help landlords understand their compliance obligations and provide information to tenants).

The next step is for the Bill to progress through the House of Lords and any further amendments discussed with an anticipated date that the Bill will come into force in the summer of next year.

Adams Harrison’s Commitment to Assist Local Students With Work Experience Opportunities

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We are committed to supporting the communities local to our offices in Haverhill, Saffron Walden and Sawston in a number of ways but particularly by offering work experience to students.

Being a small firm, and committed to ensuring that any work experience placement offered is worthwhile and enjoyable, we are limited by the number of placements we are able to offer. In June/July 2024 placements were offered to two students in each office.

We hope that it will be the start of an ongoing relationship and we are very proud to confirm that we currently have students who participated in work experience placements working for us on a part-time basis in entry level positions and one is now undertaking qualifying training with us to become a solicitor.

Employability Partnership Certificate Of Appreciation

Adams Harrison Conveyancing Quality Scheme (CQS) accreditation – what’s it all about?

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The Conveyancing Quality Scheme (CQS) is a quality assurance scheme introduced by the Law Society in 2011 and it has been widely adopted by many solicitors and law firms. There are now more than 3,000 solicitor firms who are accredited on the scheme.

Membership of CQS is designed to establish a level of credibility for member firms with stakeholders eg regulators, lenders, insurers and consumers, and the core aims of the Scheme are to improve the quality and consistency of services provided by residential conveyancing practices, and to help combat fraud and money laundering.

There are significant overlaps between the Lexcel accreditation (which Adams Harrison have held for 25 years and an earlier post explained) and CQS, but to achieve the CQS accreditation firms must apply and demonstrate greater focus on risk management, compulsory training and client care in the relevant aspects of conveyancing work.

Adams Harrison were an early adopter, having held the CQS accreditation continuously since July 2011, and were delighted to renew their accreditation for a further 12 months in July 2024.

You can find out more about the Conveyancing Quality Scheme here:

https://www.lawsociety.org.uk/topics/firm-accreditations/conveyancing-quality-scheme

Adams Harrison Customer Service Excellence (CSE) accreditation – what’s it all about?

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Adams Harrison are extremely proud to have held the Customer Service accreditation since 2021 and have recently re-accredited for a further three years.

Originally known as Charter Mark it was one of the consequences of a political iniative, the Citizen’s Charter, which was launched by Prime Minister John Major in 1991, with its purpose being to improve customer service and performance in the public sector.

Over time Charter Mark evolved and in 2005 it was reviewed and as a consequence the Customer Service Excellence standard was launched. Although the principle focus was on public sector organisatioons, voluntary organisations having more than 10% public funding and private subcontractors on public contracts

The Customer Service Excellence Standard is made up of 5 main criteria. Assessment is carried out annually via a desktop review followed by an onsite / or remote review which views physical documentation and also speaks to clients, staff and partners to review their attitudes and working practices and also the firm’s customer focussed initiatives and performance.

You can find out more about the Lexcel quality standard here: https://www.lawsociety.org.uk/topics/firm-accreditations/lexcel

*These are law firms who still exist as they did when they were first awarded the Lexcel accreditation. Some law firms who were awarded the accreditation on 25th May 1999 or earlier may have merged or been acquired by other firms.

Tracy Bonham celebrates 35 years’ service at Adams Harrison

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Tracy joined the practice when it was Adams and Land and shortly after she started Adams and Land merged with Harrison and Co to become Adams Harrison.

Tracy Bonham celebrates 35 years’ service at Adams Harrison

Tracy has worked in a number of roles in the Saffron Walden office during her 35 years, starting as Office Junior / Accounts Assistant. She then moved to Office Junior / Receptionist and then became a full time Receptionist.

Over the years Tracy took on more secretarial duties until she became secretary to Melanie Pratlett in the Private Client Department.

As she acquired more Private Client knowledge and skills her role evolved into more paralegal type work and she then became Probate Assistant to Melanie.

Tracy is not our only long serving employee celebrating a work anniversary this year.

In the past few weeks Michelle Salmon, who is a Residential Conveyancing Personal Assistant in Haverhill office, celebrated 25 years; and Amanda Cox, who is Receptionist / Office Administrator in Haverhill office, celebrated 25 years.

How do I start divorce proceedings?

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Divorce proceedings are now dealt with through an online court portal. Since this procedure came into force, you do not now need to site grounds for divorce i.e. adultery or two years separation, only that the marriage has broken down irretrievably.

You can only now apply for divorce through the court portal by making a sole application yourself or jointly with your spouse should you wish and provided you are both in agreement.

The initial steps consist of completing an online form with basic details of the parties and the marriage. You will also need to upload a full, clear, colour copy of your marriage certificate onto the court portal. If you do not have your original marriage certificate, you can apply for this online. There is usually a small fee for this and it should come through within a few weeks.

When applying for divorce, there is a court fee payable in the sum of £593 however, if you are on low income, you may be able to apply for fee exemption. In order to check if you are eligible for this, you need to complete a further online form called ‘How to apply for help with fees: EX160’. Once completed, if you are eligible for full fee exemption, you will be notified there and then and given a code to use when completing your divorce application. However, depending on your income, you may be required to pay a part payment towards the court fee but again, you will be notified of this.

Once you have uploaded your divorce application, the Court will then review this and provided this is completed correctly, they will then issue your divorce application and provide you with a unique 16 digit case number to use on all correspondence in connection with these proceedings.

We are experts at handling divorces from the simplest to the most complex, so when you are ready to proceed please do call and we will provide you the professional support you need at a difficult time in your life.

Emma Bilsborrow​​​​, Legal Executive, Partner

In celebrating 190 years of service staff donated items to local food banks

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Staff donated items to be delivered to local food banks to celebrate 190 years of service.

Donations from Haverhill staff were delivered to the Haverhill food bank, run by REACH, and donations from Sawston and Saffron Walden staff combined were delivered to Uttlesford food bank.

Louise Taghi, Practice Manager, said “Adams Harrison partners and staff understand the importance of not only serving the local community, but also of supporting the local community.”

Adams Harrison Saffron Walden and Sawston food bank donation

Adams Harrison Haverhill food bank donation