Perhaps you are so worried about the draconian terms you have contracted on that you want to investigate getting out of the contract entirely?

Smaller businesses can lack bargaining power against larger businesses, making them more likely to sign up to terms that they feel are unreasonable or commercially unfair. Generally, the law respects freedom of contract between businesses, whatever their size, so businesses are free to enter into whatever contracts they see fit. However, there are a few arguments that a business could explore to invalidate the effect of a term that appears unfair. Examples include

Perhaps a particular clause is contained in an unsigned document? And has never been brought to your attention?

If it limits or excludes liability, the Unfair Contract Terms Act 1977 may make the clause void or make it enforceable only if it passes the reasonableness test.

If you find yourselves in a dispute over the contract or have any queries or concerns regarding anything mentioned in this article, please contact either RACHEL CRONIN or LAURA READ and MARSHALL HATCHICK SOLICITORS LLP in Woodbridge on 01394 388411.

For more information call our sales team on +44 (0) 1728 602323

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It’s #NationalScamAwarenessFortnight and with a rise in fraudulent activity in the last year, we feel it is more important than ever to raise awareness of what we can do to protect older and vulnerable people who could be targeted.

Money Mail recently called on banks to offer more protection to older and vulnerable people who are targeted by scams, an action we very much support. Click on this link to read their full article https://bit.ly/3gGjZBj

For more information call our sales team on +44 (0) 1728 602323

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We are pleased to announce that as of 1st June 2021, Marshall Hatchick Solicitors has been acquired by Marshall Hatchick LLP with Limited Liability Partnership (LLP) status under English Law.

This change has enabled us to move to a more modern structure that better reflects the size and profile of our firm. Day to day business and the services we provide will not be affected nor will it change the way we work with clients.

We look forward to working with you as Marshall Hatchick LLP.

For more information call our sales team on +44 (0) 1728 602323

Construction methods and specifications

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Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access funds to manage her husband’s care or refinance her mortgage. She didn’t even have the legal right to see his medical notes, owing to data protection.

Research by Solicitors For the Elderly (SFE), shows that 65% of us think our next-of-kin will make medical and care decisions for us if we are no longer able to. In reality, this isn’t the case unless a Health & Welfare Lasting Power of Attorney is in place.

Whilst there’s been a rise in the number of enquiries made about Lasting Power of Attorneys (LPAs) during the pandemic, only 22% of people in the UK actually have one.

To avoid this difficult kind of legal situation it’s important to use a specialist lawyer who is experienced in this area of the law, and is trained to support people making these crucial, complex and difficult decisions. According to Which? 22,000 LPAs are rejected every year so it’s essential that you get your legal documents right.

Jennifer Humphreys, Partner and a member of SFE (Solicitors for the Elderly), the membership organisation for specialist solicitors who support older and vulnerable people says “It is vitally important to ensure that your next of kin can act in your best interests should you find yourself in a position where you are unable to do so yourself. Everyone should have a Health & Welfare Lasting Power of Attorney and at Marshall Hatchick we have the expertise to ensure that yours will be legally effective should the worst happen”

Complete the “How can we help?” section on our homepage quoting Health & Welfare Lasting Powers of Attorney in the message box and one of our private client team will be in touch to discuss your needs and make sure you are protected.

For more information call our sales team on +44 (0) 1728 602323

Construction methods and specifications

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In his latest Budget the Chancellor, Rishi Sunak, has announced the extension to the stamp duty holiday meaning that, those who are in the process of buying, still have the chance to complete within the extended three month period and, as a result, benefit from the savings on offer.

What is the stamp duty holiday?

The stamp duty holiday was announced in July 2020, in response to the current pandemic, and meant that no stamp duty was payable on the purchase of residential properties under the value of £500,000. The holiday was intended to last until 31 March 2021. Before the holiday, tax would be payable for any property over the value of £125,000 – the amount being dependent on the value of the property.

What has changed?

  • There has been a three month extension to the stamp duty holiday until 30 June 2021.
  • From 1 July 2021 – until 30 September, stamp duty will still not be payable on properties under the value of £250,000.
  • From 1 October – the stamp duty will begin to apply for properties valued £125,000 and above, with pre-Covid stamp duty thresholds and levels resuming.

The Chancellor also took the opportunity to announce that buyers looking to purchase a property could now benefit from a new government backed mortgage scheme.

What is the Mortgage Guarantee Scheme?

The scheme, which will be available from April 2021, means that first time buyers, as well existing homeowners, will only need to raise a deposit of 5% of the value of the property with mortgage lenders then incentivised to offer the remaining 95% through a mortgage loan.

What kind of property can be bought?

The property can be a new build or an older property, provided it is valued at under £600,000.

What is the guaranteed element of the Scheme?

This applies to the lender. As the mortgage loan is higher than many lenders have offered in recent times, and therefore a higher risk to them, the government is offering a guarantee to cover part of the mortgage loan should it not be repaid, in full, by the borrower.

For more information call our sales team on +44 (0) 1728 602323

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The current freeze on stamp duty charges for residential properties under £500,000 is due to end on 31st March 2021.

If you are in the process of buying a house or considering a move, please click on the link below to check out the latest Government news on how Stamp Duty Land Tax will be calculated and charged moving forwards.

https://www.gov.uk/stamp-duty-land-tax/residential-property-rates

For more information call our sales team on +44 (0) 1728 602323

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I am still going through my divorce but I have moved in with my new partner – will this affect my financial settlement?

Many people assume that when they get divorced, this will automatically separate them from their ex-partner and whatever they brought into the divorce financially, will go with them. This is simply not the case. The divorce procedure is very separate to reaching an agreement regarding the finances. This is often the most time consuming and contentious area of divorce proceedings.

Reaching a financial settlement

Both parties will need to make full and frank disclosure of their finances to each other. It is not uncommon for one spouse to be completely unaware of how much the other spouse has in his bank account, how much their pension is worth, or in some cases how much in debt they are.

To achieve a financial settlement it may be necessary to divide savings and pensions to enable both parties to move forwards. Usually the largest asset to be divided is the family home. 

If you are unable to come to an agreement between yourselves about how your finances will be divided, you can use mediation to help you reach an agreement. After you have reached a financial settlement, this can be turned into a court order. This process is separate to the divorce proceedings but they are usually dealt with at the same time, to allow the parties to obtain a financial court order before Decree Absolute is applied for.

If you are unable to reach an agreement, you can ask a judge to decide your divorce financial settlement for you. Asking a court to decide should be considered as a last resort, as it can be a costly and time-consuming process.

Our divorce is amicable – why do I need a court order?

Even after your divorce, you and your ex-spouse can still make financial claims against each other. Circumstances and financial positions can change. This is why it is vital to ensure that you have a court order giving you both “clean break”.

Even if you and your ex-partner do not have any assets, it is still important that you ensure the financial side of things has been finalised.

Whilst many people may feel this is a waste of time and money, the consequences of not doing so may become apparent years later when you least expect it. In the recent case of Wyatt v Vince [2016] Mrs Vince made a financial claim against Mr Wyatt 24 years after their divorce. At the time of the divorce, neither party had any assets, but Mr Wyatt went on to become a multi- millionaire. Mrs Wyatt was awarded £500,000. This serves as a cautionary tale to anyone who decides not to finalise his or her matrimonial finances upon divorce.

Meeting a new partner during divorce proceedings

Parties often meet someone new whilst their divorce and finances are still ongoing. Many people do not realise that, in some circumstances, this new relationship may have a bearing on their financial settlement.

There are no hard and fast rules about how the new relationship will affect finances, and every case will turn on its own individual circumstances.

What the court may consider is:

  • How long have you been seeing your new partner, and do you live together? If the relationship has been ongoing for example, 2 years, and you both live together, then the relationship is clearly stable and the new partner’s finances are more likely to be considered.
  • Do you and your ex spouse have sufficient assets between you to meet your own needs, without considering your new partners’?
  • Where there are sufficient funds in the marital pot for both parties to re-house comfortably, it is unlikely that any new partner’s assets will be considered by the Court.
  • Does the new partner have significant assets?

If a new partner has no capital, and their income is modest, their financial needs are unlikely to be considered. They can add very little to the financial outcome. However, if your ex-spouse is in a relationship with a multi-millionaire, then their financial situation is far more likely to be considered.

Moving in with a partner after the financial settlement has been finalised could result in your ex-spouse asking to reduce, or even stop, spousal maintenance. 

Whether you are already divorced and your financial settlement has been finalised, or you are still going through the process, it may be helpful to seek legal advice regarding the financial implications of cohabiting with a new partner.

For more information call our sales team on +44 (0) 1728 602323

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Once divorce/dissolution proceedings are underway, spouses must turn their minds to sorting out the family finances. This can be the most time consuming and stressful part of getting divorced.

The first question to ask is:

Do you and your ex-partner both agree on how the finances should be divided?

If the answer is yes, then an order can be drawn up by consent. Whilst this is relatively straightforward there are still several documents that need to be completed:

a. Statement of information

The statement of information is a standard court document, also known as Form D81. The purpose of the statement is to set out the facts of your case. It gives the Judge a “snapshot” of your finances, and allows them to decide whether it is appropriate to approve the financial consent order sought. Whilst the terms of the order have been agreed with the consent of both parties, a Judge still makes the final decision whether or not to agree the order.

In summary, the statement contains the following information:

  • Details about your marriage.
  • Details of you (and your children).
  • An explanation of how the agreement was reached.
  • A summary of means, including capital and income.
  • A summary of where you (and your children) will live.
  • Details of new relationships (if you/your ex has started one).
  • Details of the proposed financial consent order.

b. Financial Consent Order

The financial consent order records the terms of agreement that you and your ex-partner have reached together. Once approved by the court, your financial agreement is binding and enforceable.

Whilst we always encourage clients to do as much as they can themselves to keep costs down, due to the complexity and importance of these documents, a qualified solicitor must prepare this court order.

c. Form A – Application for a Financial Order

To apply or an order by consent a Form A must be completed and submitted to the Court with your statement of information and draft consent order. There is a court fee of £50 for this application.

You may find, however, that your ex does not agree on how the finances should be divided, or (if there is nothing to divide) they do not agree to a Clean Break Order being made. If that is the case then you will need to apply to the Court for help, by making a financial application.

Here is our step-by-step guide to making a financial application:

1. Arrange an appointment with a Mediator

Before you can issue a financial application, the Court requires you to exhaust all options of reaching an agreement with your ex-partner. This includes contacting a mediator who will attempt to resolve the situation through mediation. If this is unsuccessful, the mediator will need to sign an FM1 form (MIAM certificate) that states mediation was unsuitable or agreement could not be reached. This form needs to be attached to your application Form A, to demonstrate to the Court that mediation has been attempted.

2. Prepare your Form A Application

Once you have your MIAM certificate you will then need to download Form A, which is the main Financial Application form.

Form A will ask you what you are applying to the Court for (i.e. what type of financial remedy are you looking for). This is usually a share of the house or an order for its sale, maintenance from your spouse, a share of their pension, or a lump sum payment, for example.

3 . Submit your Application and Court Fee to Court

You will need to send the original application form, together with 2 copies, to the Court, along with a Court fee of £255. If you are in receipt of benefits, or you are on a low income, you may qualify for fee exemption. The relevant form for this is Form EX160. You can also download EX160a which provides guidance on the process and the qualifying criteria, to see if you are eligible. This usually involves disclosing evidence of your finances, savings etc.

4. Issuing the Financial Application

Once the Court receives your application, they will issue it.  This means they will open the case and allocate a Court number. They will keep one of the copies of the forms for their case file, and return two issued forms to you.

You must keep one of the forms and post the other form to your ex-partner. You must ensure that you serve them with an issued copy of the form so that they are aware of the application. This is called ‘service.’

5. Court Directions – Notice of First Appointment

Along with the issued forms, the Court will also send you notification of the first hearing date, together with a list of things they want you to do – these are called “directions”.

6. Disclosing Finances

The first thing the Court will ask you to do is complete a Form E. This is the financial statement, which helps you to set out comprehensive details of your finances. It is rather a daunting 32-page document. However not all sections will necessarily be relevant to your case. When this is filled in you will need to send one copy to the Court and one copy to your ex-partner. You will also keep a copy for yourself and bring this to Court with you.

Your ex-partner will also have to complete a Form E and they too will have to send a copy to the Court and a copy to you. You will both attach your financial evidence (bank statements, pension information, wage slips, business account, for example) to your Form E’s that you exchange with each other but there is no need to send the financial disclosure to the Court.

The date by which you need to do this will be in the Notice that you receive from the Court.

7. Preliminary Documents

Next, the Court will ask you to file some preliminary documents. These are

a. Chronology, which is a list of all the important dates leading up to the hearing date:

  • Date you were born
  • Date your spouse was born
  • Date any children were born
  • Date of your marriage
  • Date of separation
  • Date of decree nisi
  • Date of decree absolute (if obtained)
  • Date of first hearing

b. Schedule of issues: this details the main points that are not agreed between you:

  • Should the house be sold/transferred to one party?
  • Should there be spousal maintenance/a lump sum payment?
  • Should there be a pension sharing order?
  • Are there any matrimonial debts? If so, should they be divided equally between the parties?
  • Are there other assets that should not be included in the “matrimonial pot” for example an inheritance or gift?
  • Is the case suitable to depart from equality – should the assets be divided equally or should one party receive more than the other should?

c. Form G: which is included in your pack from the Court, asks if you are in a position to proceed with the hearing date.

d. Questionnaire: once you receive your ex-partner’s Form E, you will go through the contents and disclosure that they have attached and make a list of questions that you may have. These questions should be relevant to their finances and (if answered) will help you reach an agreement with them.

8. Attending the First Hearing

Once all the Court directions have been complied with, you will then attend the first Court hearing. At this stage, it is possible to reach agreement, but each case will be different. If you have instructed our family lawyers, they will attend the hearing with you and provide advice, guidance and representation throughout the proceedings.

If you require any further advice upon this matter please feel free to contact our Family Law Department on 01394 388 411.

For more information call our sales team on +44 (0) 1728 602323

Construction methods and specifications

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The Government has re-introduced the Divorce, Dissolution and Separation Bill, which is intended to introduce a system of no-fault divorce. It had a second reading by MPs on Monday 8 June 2020 and with sufficient support across the parties, it will return to the House of Lords to consider an amendment before receiving Royal assent. UK divorce law is expected to see it’s biggest shake up in nearly 50 years.

Many separated couples have been waiting for these changes to save the acrimony that inevitably ensues with the requirement to rely upon a “fact” under our current divorce laws. This usually means making an accusation about the other spouse’s conduct and no matter how diplomatic parties try to be, the system is fault-based and requires evidence of guilt from one party.

If spouses really cannot bring themselves to place blame they have no alternative but to face two years of living apart in a ‘separation’ period before the marriage can be legally dissolved, even if the decision is mutual.

Worse still, if one spouse refuses to consent to the divorce then this period has to be a minimum of five years before they are considered eligible for divorce.

The new reforms will revolutionise divorce and separation with the introduction of ‘no-fault’ divorce. Instead of having to attribute blame for the breakdown of the relationship, a couple can mutually cite ‘irretrievable breakdown’ as the sole ground for wanting to divorce.

Spouses can apply jointly or as an individual. Either spouse will be able to provide a statement saying the relationship has broken down without having to provide evidence of bad behaviour. It also replaces the terms decree nisi and decree absolute with conditional order and final order. Petitioners will also become applicants.

Under the new proposals, there must be a minimum six-month period between the lodging of a petition to the divorce being made final.

This new legal concept will help avoid couples fighting over blame during a break-up. Allowing them instead to concentrate on achieving a financial “clean break” and deciding how best to share contact with their children following divorce. The government has also considered that it will have the added benefit of not allowing domestic abusers to trap a spouse in a marriage for five years, by contesting it.

Whilst it is anticipated the Bill will become law by the end of this year, is it worth waiting for before separated couples initiate divorce proceedings? The answer is probably not.  The Lord chancellor Robert Buckland told MPs that the bill’s reforms would not come into force on Royal assent ‘because time needs to be allowed for careful implementation’. After the bill is passed new forms will have to be prepared, and procedures sorted out. The earliest we can expect to see the implementation of a no-fault divorce is autumn 2021.

For more information call our sales team on +44 (0) 1728 602323

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As we monitor the ongoing events around Covid-19 and the Government guidelines, please be reassured we continue to operate as normally as possible. With our clients and staff to consider we will be restricting face to face meetings where possible. We have measures in place to ensure the continuity of our business and will inform you of any developments.

If you have a pre-arranged appointment or any concerns please get in touch with the relevant office and/or the person acting on your behalf.

For more information call our sales team on +44 (0) 1728 602323

Construction methods and specifications

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