Frequently Asked Questions

Family Law FAQs

Divorce & Separation

How long does a divorce take in the UK?

Under the no-fault divorce system introduced in April 2022, the minimum timeframe is approximately 6-7 months. This includes a mandatory 20-week reflection period from application to conditional order, plus a further 6 weeks before the final order can be applied for. However, if you also need to resolve financial matters or child arrangements, the overall process typically takes 12-18 months or longer depending on complexity and whether agreement can be reached.

Can I get a divorce if my spouse doesn't agree?

Yes. Since the introduction of no-fault divorce, you no longer need your spouse's agreement or cooperation to divorce. You can apply as a sole applicant, and while your spouse can dispute the jurisdiction or validity of the marriage, they cannot prevent the divorce itself. The process may take slightly longer if your spouse does not engage, but the divorce will still proceed.

How much does a divorce cost?

Costs vary depending on complexity. The court fee for a divorce application is £593. Legal costs depend on whether the divorce is contested, whether financial and child matters are involved, and how much negotiation is required. A straightforward uncontested divorce with no financial or child disputes might cost £1,000-£2,000 plus VAT in legal fees. Complex cases involving significant assets or disputes can cost substantially more. We provide clear cost estimates at the outset.

What is no-fault divorce?

No-fault divorce, introduced in April 2022, means you don't need to prove fault or blame (such as adultery or unreasonable behavior) to divorce. You simply need to state that the marriage has irretrievably broken down. This reduces conflict and makes the process less adversarial, which is particularly beneficial when children are involved.

Do I need to be separated for a certain time before divorcing?

No. Unlike the old system, you don't need to be separated for any particular period to start divorce proceedings under no-fault divorce. You can apply for divorce while still living together, though you must have been married for at least one year.

What's the difference between divorce and separation?

Divorce legally ends your marriage, allowing you to remarry. Judicial separation is a formal court process that recognizes you're separated but keeps the marriage legally intact—you remain married and cannot remarry. Some people choose separation for religious reasons or because they're not ready to divorce. You can also simply separate informally without court involvement.

Financial Settlements

Will assets be split 50/50 in divorce?

Not necessarily. While 50/50 is often a starting point for long marriages, courts consider multiple factors including: length of marriage, contributions (financial and non-financial), future needs, age and health of parties, standard of living, and the welfare of any children. Shorter marriages, inherited wealth, or pre-marital assets may result in different splits. Each case is assessed on its individual merits.

Is my pension included in the divorce settlement?

Yes. Pensions are matrimonial assets and are included in financial settlements. They're often one of the most valuable assets. Options include: pension sharing (dividing the pension), pension offsetting (one party keeps pension while other receives more of other assets), or pension attachment (one party receives income when pension is drawn). Pension valuations are essential for fair settlements.

What is a clean break order?

A clean break order is a financial order that severs all financial ties between divorcing spouses, meaning neither can make future claims against the other's assets or income. It typically involves a final settlement of all assets, properties, and pensions, with no ongoing maintenance payments. Clean breaks provide certainty and closure, though they're not always possible if one party cannot achieve financial independence.

Do I have to sell the family home in a divorce?

Not necessarily. Options include: selling and dividing proceeds, one party buying out the other's share, transferring the property to one party (often the parent with primary child care), or keeping the property in joint names until children are older (Mesher order). The best option depends on financial circumstances, children's needs, and whether either party can afford to maintain the property.

Can I get spousal maintenance after divorce?

Possibly. Spousal maintenance (periodical payments) may be awarded if one party cannot meet their reasonable needs from their own income. Factors include: earning capacity of both parties, age and health, standard of living during marriage, contributions to the marriage, and financial needs. Maintenance can be for a specified term or joint lives, though courts increasingly favor time-limited maintenance to encourage financial independence.

Child Arrangements

What is a Child Arrangements Order?

A Child Arrangements Order is a court order that decides: where a child lives (residence), and how much time they spend with each parent (contact/visitation). It replaced the old terms "residence order" and "contact order." The order focuses on practical arrangements rather than parental rights, always prioritizing the child's welfare as the paramount consideration.

Do children get to decide which parent they live with?

Children's wishes are considered, with increasing weight given as they mature, but children don't make the final decision. Courts consider children's views (often through CAFCASS officers who speak with children), but must balance these against welfare factors including: the child's physical, emotional and educational needs, likely effect of any change, capabilities of each parent, and any harm the child has suffered or is at risk of suffering.

Can I stop my ex-partner from seeing our children?

Only in exceptional circumstances involving child safety. Courts strongly favor children maintaining relationships with both parents. You can only restrict contact if you can demonstrate the child would be at risk of harm (physical, emotional, or psychological). Allegations must be evidenced. If you have genuine safety concerns, seek legal advice urgently about protective measures.

What is parental responsibility and who has it?

Parental responsibility is the legal rights, duties, powers, and responsibilities parents have for their children. Mothers automatically have it. Fathers have it if: married to the mother when child was born, named on birth certificate (for children born after December 2003), or they obtain it through parental responsibility agreement or court order. Parental responsibility includes decisions about education, medical treatment, religion, and where the child lives.

Can I relocate with my child within the UK or abroad?

If you have a Child Arrangements Order stating the child lives with you, you generally need consent from everyone with parental responsibility (or court permission) to relocate permanently, especially if moving would affect existing contact arrangements. International relocation always requires consent or court permission. The court considers whether the move is in the child's best interests, balancing your reasons for moving against the impact on the child's relationship with the other parent.

Domestic Abuse

What is a Non-Molestation Order?

A Non-Molestation Order is a court injunction that prohibits a person from: using or threatening violence, intimidating, harassing, or pestering you or your children. It can be granted urgently (sometimes without notifying the abuser first in emergencies) and typically lasts 6-12 months, though can be extended. Breaching the order is a criminal offence carrying up to 5 years imprisonment.

What is an Occupation Order?

An Occupation Order regulates who can live in the family home and can: allow you to remain in the home, exclude your partner from the home or surrounding area, restrict your partner to certain parts of the home, or require your partner to leave. Courts consider factors including housing needs, financial resources, conduct of parties, and children's welfare when deciding whether to grant these orders.

Can I get legal aid for domestic abuse cases?

Yes. Legal aid remains available for domestic abuse cases if you: provide evidence of abuse (police report, medical evidence, domestic violence support service letter, court order, etc.) dated within certain timeframes, and meet the financial eligibility criteria. We can help you assess eligibility and gather necessary evidence. Legal aid also covers related family matters such as child arrangements and financial orders in these circumstances.

I'm scared to leave,what support is available?

Multiple support options exist: emergency accommodation through local authority or domestic violence refuges, police protection (call 999 in immediate danger), emergency Non-Molestation and Occupation Orders, National Domestic Abuse Helpline (0808 2000 247, available 24/7), local domestic abuse support services offering emotional support, safety planning, and practical help. We can refer you to appropriate support services and help you plan a safe exit strategy when you're ready.

Immigration Law FAQs

Spouse & Partner Visas

What is the financial requirement for spouse visas?

Currently, the sponsor must have annual gross income of at least £29,000 (increased from £18,600 in April 2024). The threshold increases if sponsoring dependent children: £3,800 for first child, £2,400 for each additional child. Income can come from employment, self-employment, pension, property rental, or savings (£16,000 in savings can substitute for £1,000 of annual income shortage). Both UK and overseas income can count under certain circumstances.

How long does a spouse visa last?

An initial spouse visa is granted for 33 months. You can then extend for a further 30 months (total of 5 years). After 5 years on spouse visas, you can apply for Indefinite Leave to Remain (settlement), provided you still meet relationship and other requirements. After further 12 months with ILR, you can apply for British citizenship.

What documents are needed to prove our relationship is genuine?

The Home Office requires extensive evidence spanning your relationship including: photos together throughout relationship showing different times/places, correspondence evidence (WhatsApp, emails, letters), evidence of time spent together (travel bookings, boarding passes), relationship milestones documented (engagement, meeting families), statements from friends/family who know you as a couple, evidence of cohabitation (if applicable - utility bills, joint accounts, tenancy agreements), and a detailed statement explaining how you met, relationship development, and future plans.

Can I work on a spouse visa?

Yes. Spouse visa holders have no restrictions on employment. You can work in any job (except professional sportsperson), at any skill level, for any employer, or be self-employed. This distinguishes spouse visas from work visas which are employer-specific.

What if we don't meet the financial requirement?

Limited exceptions exist: if you receive certain disability benefits, the requirement may be lower or waived; if your application would breach Article 8 ECHR (right to family life), particularly with British children involved, you might succeed despite not meeting the requirement. However, these exceptions are narrow and evidence-intensive. We can assess whether any exceptions might apply to your circumstances.

Do we need to get married in the UK or can we marry abroad?

: You can marry in any country, provided the marriage is legally recognized in the UK. If marrying abroad, ensure you obtain proper documentation (marriage certificate) and have it officially translated if not in English. If your partner is abroad and you plan to marry in the UK, they'll need a fiancé(e) visa first, allowing 6 months to marry, after which they apply for spouse visa.

Skilled Worker Visas

How do I get a Skilled Worker visa?

You need: a job offer from a UK employer with a valid sponsor licence, Certificate of Sponsorship (CoS) from that employer, role at appropriate skill level (RQF Level 3 or above), salary meeting minimum thresholds, proof of English language ability (usually IELR B1 level), and sufficient funds for maintenance. Your employer applies for the CoS, then you apply for the visa.

What are the salary requirements?

You must be paid the higher of: the general threshold (currently £38,700 per year), or the "going rate" for your specific occupation. Some roles have lower thresholds (e.g., new entrants, shortage occupations, PhD holders in relevant subjects). The salary includes guaranteed basic gross pay; bonuses, allowances, and benefits generally don't count.

Can my family come with me on a Skilled Worker visa?

Yes. Your spouse/partner and children under 18 can apply as your dependents, provided you meet financial maintenance requirements. Dependents can work and study in the UK without restrictions. However, they need separate visa applications and must pay separate fees and health surcharges.

Can I switch employers on a Skilled Worker visa?

Yes, but you must apply for a new Skilled Worker visa with a Certificate of Sponsorship from your new employer. You cannot simply change jobs—a new visa application (with associated fees) is required each time you change employers. However, you can apply from within the UK (you don't need to leave and reapply from abroad).

How long does a Skilled Worker visa last and can I get settlement?

Initial visas can be granted for up to 5 years (depending on your CoS). You can extend as long as you continue meeting requirements. After 5 continuous years on Skilled Worker visas, you can apply for Indefinite Leave to Remain (ILR), provided you meet salary thresholds, continuous residence requirements, and Life in the UK test.

Settlement (ILR) Applications

When can I apply for Indefinite Leave to Remain?

Timing depends on your visa route: spouse visa holders can apply after 5 years, Skilled Worker visa holders after 5 years, some work routes allow ILR after 3 or 10 years, long residence route requires 10 years continuous lawful residence. You must meet continuous residence requirements, with limited absences permitted.

How many days can I be absent from the UK before applying for ILR?

Generally, you should not have been absent for more than 180 days in any rolling 12-month period during your qualifying residence. Total absences across the full qualifying period should generally not exceed 540 days (for 5-year routes). Exceptions exist for compelling reasons (serious illness, compelling employment overseas). Each absence must be considered even permitted absences can cause issues if excessive.

What is the Life in the UK test?

It's a computer-based test of 24 questions about British traditions, customs, history, and everyday life. You need 75% (18 correct answers) to pass. The test must be passed before applying for ILR. Study materials are available in the official handbook "Life in the United Kingdom: A Guide for New Residents." Tests are conducted at approved test centres throughout the UK.

What happens if my ILR application is refused?

If refused, you typically have: Administrative Review rights (for case worker errors), no appeal rights (ILR refusals generally aren't appealable), or the option to make a fresh application addressing refusal reasons. The most common refusal reasons are: excessive absences breaking continuous residence, failure to meet English language or Life in the UK test requirements, or gaps in evidence. We can assess refusal reasons and advise on the best way forward.

Once I have ILR, can I lose it?

Yes, in certain circumstances: being absent from the UK for more than 2 consecutive years (ILR lapses automatically), being deported or removed from the UK, using deception to obtain ILR, serious criminal convictions. However, ILR is otherwise permanent you can live in the UK indefinitely, work without restrictions, and access public funds. After 12 months with ILR, you can apply for British citizenship.

Visa Refusals & Appeals

What should I do if my visa application is refused?

First, carefully review the refusal letter to understand the reasons. Your options typically include: Administrative Review (if the refusal involved case worker error), Appeal (if you have appeal rights—limited visa categories have these), Judicial Review (challenging lawfulness of decision), or a fresh application addressing the refusal reasons. Time limits apply to all these options, so act quickly. We can analyze your refusal and advise on the strongest route forward.

How long do I have to challenge a visa refusal?

Deadlines vary: Administrative Review must be requested within 14 days of refusal (or 28 days if you were outside the UK), appeals (where available) must be lodged within 14 days, Judicial Review pre-action protocol letters should be sent within 3 months, though urgent cases may require quicker action. Missing deadlines can prevent you from challenging the decision, so seek legal advice immediately upon refusal.

Can I reapply if my visa was refused?

Yes. Unless you've been banned from the UK, you can submit a fresh application. However, you should: understand why the first application failed, gather additional evidence to address refusal reasons, ensure you meet all requirements fully this time, and consider whether the same issues might cause another refusal. We can review your refusal, identify what went wrong, and advise whether reapplication or appeal is the better option.

Property Law / Conveyancing FAQs

Buying Property

What is conveyancing?

Conveyancing is the legal process of transferring property ownership from seller to buyer. It involves: conducting legal searches, investigating the property's legal title, reviewing and negotiating contract terms, arranging mortgage funds, exchanging contracts (making the transaction legally binding), completing the purchase (when ownership transfers and you get keys), and registering your ownership with Land Registry.

How long does conveyancing take?

Typically 8-12 weeks from instruction to completion for straightforward purchases. However, timescales vary significantly depending on: whether you're in a chain, property type (freehold usually faster than leasehold), local authority search speed, mortgage offer processing time, and any complications discovered. First-time buyer purchases outside a chain can sometimes complete in 6-8 weeks. Complex transactions or long chains may take 16+ weeks.

What searches are conducted and why?

Standard searches include: Local Authority Search (planning applications, building control, road schemes, environmental issues), Environmental Search (flooding, contamination, radon), Water & Drainage Search (water supply, sewerage), Land Registry Search (confirming seller ownership, identifying restrictions). Additional searches may include: coal mining, chancel repair, commons registration. Searches protect you by revealing issues that might affect property value or usability.

What is exchange of contracts?

Exchange of contracts is when buyer and seller swap identical signed contracts, making the transaction legally binding. At exchange: completion date is set, neither party can back out (without losing significant money), buyer pays deposit (typically 10% of purchase price), and both parties are committed to completing. Before exchange, either party can withdraw; after exchange, withdrawal causes serious financial penalties.

What is the difference between exchange and completion?

Exchange is when contracts are exchanged and the purchase becomes legally binding—but you don't own the property yet. Completion (usually 1-4 weeks after exchange) is when: the balance of purchase money is transferred, ownership legally transfers to you, and you receive the keys and can move in. These can happen on the same day (simultaneous exchange and completion), though separate dates provide more certainty for planning moves.

What is Stamp Duty Land Tax (SDLT) and how much do I pay?

SDLT is a tax paid on property purchases in England and Northern Ireland. Rates vary based on: property price, whether you're a first-time buyer, whether you already own property. Current thresholds and rates change periodically, so we calculate exact SDLT liability for your circumstances. First-time buyers receive relief on properties up to £425,000 (paying no SDLT up to £300,000). Additional property purchases incur 3% surcharge on all bands. We handle SDLT payment and filing on your behalf.

What's the difference between freehold and leasehold?

Freehold: You own the property and the land outright, indefinitely, with no time limit. No ground rent or service charges (unless part of estate with management company). Leasehold: You own the property for a fixed term (the lease length), but someone else (freeholder) owns the land. You pay ground rent and often service charges. Lease terms diminish over time properties with short leases (<80 years) lose value and become difficult to mortgage. Flats are usually leasehold; houses are usually freehold (though some houses are leasehold).

Selling Property

What documents do I need to sell my property?

Your solicitor will need: proof of your identity and address, title deeds/documents (usually obtained from Land Registry), mortgage account details (if you have a mortgage to repay), property information forms (TA6, TA7, TA10 for leasehold), energy performance certificate (EPC), building regulations certificates for any work done, planning permissions for extensions/alterations, gas safety certificates (if applicable), management company information (for leasehold), and guarantees for work carried out (boiler, windows, damp proofing, etc.).

Can I pull out of a sale after accepting an offer?

Yes, until exchange of contracts. You can withdraw at any time before exchange without legal penalty (though you'll waste conveyancing costs incurred). After exchange, withdrawing means breaching contract and facing serious financial consequences—the buyer can sue for damages and you may lose your deposit on any onward purchase. This is why choosing the right buyer and being certain before exchange is crucial.

What if my buyer's mortgage is declined?

If the buyer's mortgage is refused before exchange, they typically cannot proceed unless they have alternative funding. You're not legally committed before exchange, so you can: wait while they reapply or find another lender, negotiate reduced price if valuation issues caused the problem, or accept they can't proceed and put the property back on market. This is why buyers should have mortgage agreement in principle before viewing and making offers.

Do I need an EPC to sell?

Yes. An Energy Performance Certificate (EPC) is legally required before marketing your property for sale (or rent). EPCs rate energy efficiency from A (most efficient) to G (least efficient), last 10 years, and must be provided to potential buyers. Selling without a valid EPC can result in fines. Your estate agent can usually arrange an EPC, or we can recommend assessors.

Leasehold Properties

What is a lease extension and when do I need one?

Lease extension increases the term of your lease (how long you own the property). You should extend when the lease falls below 80 years, as: properties with short leases lose significant value, mortgages become difficult to obtain below 70-75 years, extending costs increase substantially once below 80 years (you start paying "marriage value"), and extending below 80 years can cost tens of thousands more than extending at 85+ years.

Can I pull out of a sale after accepting an offer?

Costs include: premium paid to freeholder (varies dramatically based on property value, lease length, ground rent—can range from a few thousand to tens of thousands of pounds), legal fees (typically £1,500-£3,000+), valuation fees (£500-£1,500), and freeholder's legal and valuation costs (you pay these, typically £1,000-£2,000+). We can provide cost estimates once we know your circumstances. Acting before the lease drops below 80 years saves significant money.

What are service charges and ground rent?

Ground rent is an annual fee you pay to the freeholder for occupying the land (often nominal, e.g., £50-£500/year, though some controversial leases have escalating ground rents). Service charges cover: building insurance, communal area maintenance, repairs to building structure, cleaning, gardening, lift maintenance, and managing agent fees. Service charges vary greatly (£500-£5,000+ annually depending on building and services). Review service charge history when buying leasehold property as excessive charges significantly impact affordability.

Can I buy the freehold?

Possibly. If you own a leasehold house, you may have the right to buy the freehold outright (enfranchisement). For flats, leaseholders can collectively purchase the freehold if: the building contains at least two flats, at least 50% of flat owners participate, and other qualifying criteria are met. Alternatively, you can negotiate voluntary freehold purchase with the current freeholder. Buying the freehold eliminates ground rent and gives you control over the building.

Remortgaging

Why do I need a solicitor to remortgage?

Lenders require legal work to: verify your ownership of the property, conduct searches ensuring no issues have arisen since purchase, register their mortgage as security against the property at Land Registry, discharge the old mortgage and register the new one, ensure no other charges exist ranking ahead of their mortgage. Most lenders appoint solicitors to act for them often the same solicitor can act for both you and the lender, reducing costs.

How long does remortgaging take?

Usually 4-8 weeks from application to completion. The process is faster than purchase conveyancing as: you already own the property (no seller's solicitor to coordinate with), fewer searches are required, and no chain exists. However, timing depends on: how quickly you apply for the mortgage, lender processing time for mortgage offer, and whether any issues arise with searches or title.

What are the costs of remortgaging?

Costs typically include: legal fees (often £300-£800+), searches (£200-£400), Land Registry fees (£40-£250 depending on property value), mortgage arrangement fees charged by lender (£0-£2,000+), and valuation fees (sometimes free, sometimes £250-£1,500). Some lenders offer "free legal fees" deals where they pay standard conveyancing fees, though you may pay disbursements (searches, Land Registry fees).

Civil Litigation FAQs

General Litigation

What is civil litigation?

Civil litigation is the process of resolving disputes between individuals, businesses, or organizations through the civil court system (as opposed to criminal proceedings). Civil cases seek remedies like: monetary compensation (damages), injunctions (court orders preventing or requiring certain actions), specific performance (forcing contract compliance), or declarations (clarifying legal rights). Common civil disputes include contract breaches, property disputes, debt recovery, professional negligence, and employment matters.

How much does litigation cost?

Litigation costs vary dramatically based on: claim value and complexity, whether the case settles or goes to trial, court track (Small Claims, Fast Track, or Multi-Track), amount of evidence and witnesses involved, and whether expert evidence is needed. Simple small claims might cost £1,000-£5,000 in legal fees. Complex High Court litigation can cost £50,000-£500,000+. We provide detailed cost estimates at the outset and update you regularly as cases progress.

How long does a civil case take?

Timescales vary by court track and complexity: Small Claims Track (claims up to £10,000): typically 6-12 months from claim to hearing. Fast Track (claims £10,000-£25,000): usually 12-18 months. Multi-Track (claims over £25,000): often 18-36+ months. Many cases settle before trial, potentially reducing timescales. Urgent injunction applications can be heard within days or weeks.

What is Alternative Dispute Resolution (ADR)?

ADR refers to methods of resolving disputes without court trial, including: Mediation (neutral mediator facilitates negotiation between parties), Arbitration (neutral arbitrator makes binding decision), Negotiation (direct settlement discussions between parties/solicitors), and Expert Determination (technical expert decides specific issues). ADR is often faster, cheaper, confidential, and less adversarial than court proceedings. Courts expect parties to attempt ADR before trial.

What happens if I lose my case?

In civil litigation, the losing party usually pays the winning party's legal costs (though rarely 100% of actual costs). This means if you lose: you pay your own solicitor's fees, AND a significant contribution toward your opponent's legal costs. Cost risk can exceed the claim value, which is why we advise on cost-benefit analysis throughout. Costs insurance (Before the Event or After the Event insurance) can protect against adverse costs in some cases.

What is a 'without prejudice' communication?

Communications marked "without prejudice" are made in genuine settlement discussions and cannot be disclosed to the court or used as evidence (with limited exceptions). This encourages parties to negotiate openly and make settlement offers without fearing those offers will prejudice their position if settlement fails. Open correspondence (not without prejudice) can be shown to the court and may affect costs decisions.

Contract Disputes

What remedies are available for breach of contract?

Remedies for breach include: Damages (monetary compensation for losses), Specific Performance (court order forcing party to fulfill contract), Injunction (preventing further breaches), Rescission (canceling the contract), Rectification (correcting written contract to reflect true agreement). Damages are the most common remedy. Specific performance is rare and only granted when damages are inadequate (e.g., unique property or goods).

How long do I have to bring a contract claim?

The Limitation Act 1980 sets time limits: Simple contracts (not by deed): 6 years from breach. Contracts by deed: 12 years from breach. Personal injury claims: 3 years from injury or knowledge of injury. Defamation: 1 year (strictly enforced). Once limitation expires, your claim is time-barred and cannot be pursued (except in exceptional circumstances). If you may have a claim, seek advice urgently to preserve your position.

Can I terminate a contract if the other party breaches?

It depends on breach severity. Repudiatory breach (fundamental breach going to the heart of the contract) gives you the right to terminate. Minor breach only entitles you to damages, not termination. Wrongly terminating a contract when you don't have the right can itself constitute breach, making you liable. Always seek legal advice before terminating contracts. Check your contract for termination clauses specifying when and how termination is permitted.

Debt Recovery

What is the process for recovering a debt?

The typical process is: Letter Before Action (formal demand with deadline), Issue court proceedings if payment not received (Claim Form and Particulars of Claim), Service on debtor (giving them opportunity to respond), Default Judgment if they don't respond (judgment without trial), Enforcement through various methods if they don't pay judgment. Many debts are recovered at Letter Before Action stage, avoiding court entirely.

How do I enforce a judgment if the debtor won't pay?

Enforcement methods include: High Court Enforcement (bailiffs seize goods to sell at auction), Attachment of Earnings (deductions from salary), Charging Order (securing debt against debtor's property, potentially forcing sale), Third Party Debt Order (freezing and seizing bank account funds), Bankruptcy Petition (for debts over £5,000). Choice depends on debtor's assets and circumstances. We advise on most effective enforcement strategy.

What if the debtor claims they don't owe the money?

If the debtor disputes the debt, they'll file a Defence setting out their reasons. The case then proceeds with: case management directions, evidence exchange, possibly mediation, and ultimately trial if no settlement. Defended cases take longer and cost more. However, many defences are weak or tactical. We assess defence strength and advise whether to continue pursuing the claim or negotiate settlement.

Is it worth suing if the debtor has no money?

Obtaining judgment against someone with no assets or income may be futile you'll incur costs without recovery. Before proceeding, we assess debtor's means: do they own property, are they employed, do they have assets worth pursuing? If the debtor is genuinely impecunious with no prospect of improvement, pursuing judgment may be "throwing good money after bad." However, judgments last 6 years (extendable), so recovery may be possible if circumstances improve.

Criminal Defence FAQs

Police Station & Arrest

Do I have to answer police questions?

No. You have the right to silence you're not obliged to answer police questions. However, adverse inferences may be drawn at court if you later rely on facts you didn't mention when questioned. Whether to answer questions or give a "no comment" interview is a strategic decision depending on: the evidence against you, the allegations, and your circumstances. Your solicitor will advise after consulting with you privately at the station.

Should I always have a solicitor at the police station?

Yes, absolutely. Police station representation is: FREE (funded by legal aid, regardless of your income), crucial (what you say can determine whether you're charged), a fundamental right (police must facilitate access to legal advice). Never waive this right. Solicitors protect you from inappropriate questioning, advise on whether to answer questions, and ensure police comply with procedures. Even if you believe you're innocent and have "nothing to hide," you need legal advice.

Can police keep me at the station indefinitely?

No. Police detention is governed by strict time limits: Initial detention: 24 hours maximum for most offences. Superintendent's extension: Up to 36 hours for indictable offences. Magistrates' court extension: Up to 96 hours maximum (4 days) for serious indictable offences. Terrorism offences: Up to 14 days with judicial authorization. Your solicitor will challenge detention if it becomes unlawful or excessive. Most people are detained for much shorter periods often a few hours.

What is bail and what conditions can be imposed?

Bail means release from police custody pending further investigation or court appearance. Conditions may include: residing at specified address, reporting to police station regularly, curfew (staying home between certain hours), geographical restrictions (not entering certain areas), not contacting specific persons (witnesses, alleged victims), surrendering passport (to prevent leaving the country). Conditions must be necessary and proportionate. Your solicitor can challenge unreasonable conditions.

What happens after the police interview?

After interview, police can: Release with No Further Action (NFA): Investigation ends. Release Under Investigation (RUI): Investigation continues with no bail conditions or return date. Release on Bail: Investigation continues; you return to station on specified date. Charge: You're formally charged with offence(s) and bailed or remanded to appear at court. We advise you on what to expect and continue representing you if charges are brought.

Court Proceedings

What's the difference between Magistrates' Court and Crown Court?

Magistrates' Court handles: summary offences (minor crimes), either-way offences (mid-level crimes that can be tried in either court), first hearings for all criminal cases, sentencing for less serious matters (max 6 months custody per offence, 12 months total). Crown Court handles: indictable-only offences (serious crimes like robbery, rape, murder), either-way offences where defendant elects Crown Court trial or magistrates decline jurisdiction, appeals from magistrates' court, and can impose unlimited sentences including life imprisonment.

Should I plead guilty or not guilty?

This depends entirely on your case. Plead guilty only if: you actually committed the offence, the prosecution can prove their case, you have no defence, and pleading guilty is in your best interests (considering sentence discount for early guilty plea). Plead not guilty if: you didn't commit the offence, the prosecution cannot prove guilt beyond reasonable doubt, you have a valid defence (self-defence, lack of intent, alibi), or prosecution evidence is inadmissible. We advise after reviewing evidence and considering all factors. Never plead guilty just to "get it over with" criminal records have serious long-term consequences.

What sentence will I get if convicted?

Sentencing depends on: offence seriousness, sentencing guidelines for the specific offence, aggravating factors (previous convictions, group offending, vulnerable victim, planning), mitigating factors (remorse, early guilty plea, personal circumstances, impact of custody), and sentencing options available (discharge, fine, community order, suspended sentence, immediate custody). We assess likely sentence based on guidelines and case circumstances, present persuasive mitigation, and argue for lenient disposal. Early guilty pleas attract up to one-third sentence reduction.

Will I get a criminal record?

Most convictions result in criminal records, though some disposals don't: No criminal record: Absolute discharge, some cautions, NFA (no charges). Criminal record: Conditional discharge, fines, community orders, suspended sentences, immediate custody. Records become "spent" after rehabilitation periods (varying by sentence), after which you generally don't have to disclose them for most purposes. However, some roles (working with children/vulnerable adults, positions of trust) require disclosure of all convictions even when spent.

Can I appeal a conviction or sentence?

Yes, in most cases. From Magistrates' Court: Appeal to Crown Court against conviction and/or sentence within 21 days. From Crown Court: Appeal to Court of Appeal (Criminal Division) against conviction and/or sentence requires leave to appeal (permission). Appeals require grounds (legal error, procedural unfairness, unsafe conviction, excessive sentence). Not all appeals succeed. We advise on appeal prospects after reviewing trial proceedings and sentence.

Driving Offences

How many points before I lose my licence?

12 or more penalty points within 3 years results in "totting up" disqualification (minimum 6 months). However, you can argue "exceptional hardship" to avoid disqualification if you can prove that: losing your licence would cause exceptional hardship (beyond inconvenience), to you or others (family members, employees), and the hardship is genuinely exceptional (not the normal consequences of losing a licence). Successful exceptional hardship arguments allow you to keep your licence despite reaching 12 points.

What is the penalty for drink driving?

Drink driving (over prescribed limit) carries: Mandatory disqualification: Minimum 12 months (36 months for second offence within 10 years). Fine: Up to £5,000 (means-tested). Custody: Up to 6 months (in serious cases). Criminal record: Yes. Drink Drive Rehabilitation Course: May reduce ban by 25% if completed. Limited defences exist, but Special Reasons arguments can potentially avoid disqualification in exceptional circumstances (e.g., laced drinks, short distance, emergency).

Can I drive to the police station if I've been told to go in?

If you've been arrested or told you must attend the police station in connection with a driving offence, do NOT drive there. If you're suspected of driving while disqualified, without insurance, or impaired, driving to the station constitutes further offences and will be used as evidence against you. Arrange alternative transport or ask police if they'll collect you.

Business & Corporate Law FAQs

Company Formation

Should I set up as a sole trader or limited company?

Sole Trader Advantages: Simple to set up, minimal paperwork, you keep all profits, straightforward tax returns. Disadvantages: Unlimited personal liability (personal assets at risk), harder to raise investment, less tax-efficient at higher profits. Limited Company Advantages: Limited liability (personal assets protected), more tax-efficient (especially at £50,000+ profit), easier to raise investment, more professional image. Disadvantages: More compliance (accounts, tax returns, Companies House filings), setup and running costs. We assess your circumstances and recommend appropriate structure.

What is the difference between shares and dividends?

Shares represent ownership in a company. Shareholders own the company proportionate to shares held. Dividends are payments to shareholders from company profits. Dividends are tax-efficient ways of extracting profits: paid after corporation tax but before personal tax, taxed at dividend tax rates (lower than income tax for basic rate taxpayers), and require available distributable reserves. Directors typically pay themselves low salaries (around £12,570 to use personal allowance) plus dividends to minimize overall tax.

Do I need a shareholders' agreement?

Strongly recommended if you have co-founders or multiple shareholders, even if you're starting with friends or family. Shareholders' agreements: prevent disputes by establishing clear rules upfront, protect minority shareholders from majority control abuse, provide exit mechanisms when someone wants to leave, address deadlock scenarios, and govern key decisions requiring unanimous approval. The time to create a shareholders' agreement is at the beginning when relationships are good not when disputes arise.

What are director duties and responsibilities?

Company directors owe legal duties including: act within powers (follow Articles of Association), promote company success, exercise independent judgment, exercise reasonable care and skill, avoid conflicts of interest, not accept benefits from third parties, and declare interests in company transactions. Directors can be held personally liable for breach of duties, wrongful trading (allowing insolvent company to continue trading), or failing to comply with Companies Act requirements. This is why proper legal advice on director responsibilities is essential.

Contracts & Commercial Agreements

Do contracts have to be in writing?

Most contracts don't legally require writing verbal agreements can be binding. However, written contracts are strongly advisable because they: provide clear evidence of agreed terms, reduce misunderstandings and disputes, specify important details (payment terms, delivery dates, liability limits), and offer protection if disputes arise. Some contracts MUST be in writing: contracts for sale of land, consumer credit agreements, guarantees. Never rely on verbal agreements for significant business transactions.

What should be in my terms and conditions?

Business terms and conditions should cover: Payment: Prices, payment terms, late payment interest. Delivery/Performance: Timescales, delivery terms, risk transfer. Liability: Limitations on liability, exclusions for consequential losses. Intellectual Property: Who owns IP created, licensing. Termination: How and when parties can terminate, consequences. Dispute Resolution: Governing law, jurisdiction, ADR. Data Protection: GDPR compliance where relevant. Terms must be incorporated properly (referenced in contracts, displayed on websites, provided before purchase) and comply with consumer protection laws.

Can I copy terms and conditions from another business?

No. This may infringe copyright and the terms may be inappropriate for your business. Terms must be tailored to: your business model and sector, the products/services you offer, your risk profile, whether you're B2B or B2C (consumer terms are heavily regulated), and applicable industry regulations. Generic or copied terms often contain inappropriate provisions, unenforceable clauses, or miss crucial protections. We draft bespoke terms designed specifically for your business.

Employment Law

What should be in an employment contract?

Key provisions include: job title and description, start date and any probationary period, salary and payment frequency, working hours and place of work, holiday entitlement, notice periods, pension arrangements (auto-enrolment), sickness policy, confidentiality obligations, restrictive covenants (non-compete, non-solicitation), intellectual property ownership, disciplinary and grievance procedures, and any other benefits. Employment contracts must comply with National Minimum Wage legislation, Working Time Regulations, and other employment law requirements.

Can I include non-compete clauses in contracts?

Yes, but they must be reasonable to be enforceable. Non-compete clauses (restrictive covenants) are scrutinized carefully by courts and will only be enforced if: genuinely necessary to protect legitimate business interests (confidential information, customer connections, workforce stability), reasonable in scope (duration, geography, activities restricted), and not broader than necessary. Overly broad restrictions are unenforceable. Typically, restrictions of 3-12 months for senior employees or client-facing roles may be reasonable, but each case depends on circumstances.

How do I dismiss an employee fairly?

Fair dismissal requires: Valid reason: Capability, conduct, redundancy, statutory restriction, or some other substantial reason. Reasonable procedure: Investigation, hearing allowing employee to respond, consideration of mitigation, appeal opportunity. Fair outcome: Dismissal is reasonable response in circumstances. Failing to follow fair procedure or lacking valid reason creates unfair dismissal risk (employees with 2+ years' service can claim). Dismissals also risk discrimination claims (if related to protected characteristics) or automatic unfair dismissal (pregnancy, whistleblowing, etc.). We guide you through compliant dismissal procedures.

What is TUPE and when does it apply?

TUPE (Transfer of Undertakings Protection of Employment Regulations 2006) protects employees when: businesses or parts of businesses transfer to new owners, or services transfer to new providers (outsourcing). When TUPE applies: employees automatically transfer to new employer, employment terms transfer, continuity of employment is preserved, dismissals connected to transfer are automatically unfair (unless for ETO reasons—economic, technical, organizational). TUPE involves complex consultation obligations. Buyers and sellers need TUPE advice in business sales to understand liabilities and comply with obligations.

Wills & Probate FAQs

Wills

What happens if I die without a will?

If you die "intestate" (without valid will), your estate is distributed according to intestacy rules: Married with children: Spouse receives personal possessions, £322,000 (fixed statutory sum), and half of remaining estate. Children receive other half (shared equally). Married without children: Spouse inherits everything. Unmarried with children: Children inherit everything (shared equally). Unmarried partners: Receive NOTHING (regardless of relationship length). No spouse or children: Parents inherit; if none, siblings inherit; if none, more distant relatives. No family: Estate goes to the Crown. Intestacy often produces outcomes people wouldn't want unmarried partners, stepchildren, and chosen charities receive nothing.

Can I write my own will?

DIY wills are possible but risky. Homemade wills frequently contain: ambiguous language causing disputes, invalid execution (witnessing errors), tax-inefficient provisions costing beneficiaries thousands, failure to address contingencies (beneficiary predeceasing you), and inadvertent consequences (gifts failing, unintended inheritance). Solicitor-drafted wills ensure: legal validity, clarity preventing disputes, tax efficiency, proper execution, and appropriate provisions for your circumstances. The cost of a professionally drafted will is minimal compared to problems caused by faulty DIY wills.

How often should I update my will?

Review your will every 3-5 years and update after major life events: marriage (automatically revokes previous wills), divorce (may invalidate spouse provisions), birth of children/grandchildren, significant asset changes (property purchase, inheritance), beneficiary deaths, executor deaths or unsuitability, moving abroad, and changes in tax laws creating planning opportunities. Minor changes can be made by codicil; significant changes require new will. Outdated wills may not reflect current circumstances or wishes.

Who should I appoint as executor?

Executors administer your estate, so choose people who are: trustworthy and responsible, capable of handling administrative tasks, likely to outlive you (or appoint substitutes), willing to act (ask them first), able to work together if appointing multiple executors. You can appoint: family members (spouse, adult children), close friends, or professional executors (solicitors, accountants). Consider appointing professionals if: estate is complex, family relationships are difficult, no suitable family members exist, or beneficiaries are young or vulnerable.

Can my will be challenged?

Wills can be challenged on several grounds: Lack of testamentary capacity (you didn't understand what you were doing), Undue influence (someone pressured you), Fraud or forgery (will wasn't genuine), Improper execution (not properly signed/witnessed), Lack of knowledge and approval (you didn't know will contents), Inheritance Act claims (inadequate provision for dependents). Solicitor-drafted wills are harder to challenge successfully as solicitors assess capacity, ensure proper execution, and document file notes. For vulnerable clients or likely challenges, we take extra precautions (capacity assessments, video recordings).

Probate & Estate Administration

Do I need probate?

You need probate (or Letters of Administration if no will) when: the estate includes property owned solely by deceased, significant bank accounts/investments (typically over £5,000-£50,000 depending on institution), or assets in deceased's sole name requiring legal transfer. You DON'T need probate for: jointly owned property passing by survivorship to co-owner, assets with nominated beneficiaries (life insurance, pensions), or very small estates where institutions release funds without grant. We assess whether probate is necessary for your circumstances.

How long does probate take?

Typical timescale is 6-12 months for straightforward estates, longer for complex estates. Breakdown: Gather information: 2-4 weeks. Apply for grant of probate: 4-16 weeks (HMRC processing time varies). Collect assets: 4-12 weeks (after receiving grant). Pay debts and distribute: 4-8 weeks. Delays occur if: inheritance tax is payable (requiring funds before grant), assets are difficult to value, property must be sold, beneficiaries are difficult to locate, disputes arise, or estate is complex (business interests, foreign assets).

What does an executor have to do?

Executor responsibilities include: register death and arrange funeral, secure deceased's property and assets, identify all assets and liabilities, value the estate, determine if inheritance tax is due and pay it, apply for grant of probate, collect in assets (close accounts, sell property), pay debts and liabilities, pay legacies to beneficiaries, distribute residuary estate, prepare estate accounts, and retain records. Executors are personally liable for mistakes (distributing estate incorrectly, failing to pay debts, losing assets). We can handle full administration, reducing executor burden and liability risk.

Can executors be paid?

Only if the will expressly authorizes payment or all beneficiaries consent. Professional executors (solicitors) typically charge based on estate value and time spent (often 1-5% of estate value plus hourly charges). Lay executors (family/friends) generally aren't entitled to payment beyond reimbursement of out-of-pocket expenses unless the will provides otherwise. Some wills include charging clauses allowing professional executors to charge normal fees.

Inheritance Tax

How much is inheritance tax?

IHT is charged at 40% on estates exceeding the nil-rate band. Current allowances: Nil-rate band: £325,000 (per person). Residence nil-rate band: Additional £175,000 when passing main residence to children/grandchildren. Married couples: Unused allowances transfer to surviving spouse, potentially giving £1 million combined allowance. IHT only applies to amounts exceeding available allowances. Example: £800,000 estate with full allowances (£325,000 + £175,000 = £500,000) pays IHT on £300,000 = £120,000 tax.

How can I reduce inheritance tax?

IHT planning strategies include: Lifetime gifts (potentially exempt after 7 years), Annual exemptions (£3,000 per year plus others), Gifts from income (regular gifts from excess income), Trusts (removing assets from estate while retaining some control), Business/agricultural relief (100% relief for qualifying assets), Charitable legacies (exempt from IHT, and leaving 10%+ reduces rate to 36%), Life insurance (written in trust to fund IHT bill without increasing estate), Pension planning (pensions usually outside estate). Planning must be done during lifetime nothing can be done after death. We advise on appropriate strategies for your circumstances.

Do I have to pay inheritance tax before probate?

Yes, if IHT is due. This creates a "Catch-22": you need probate to access estate funds, but you must pay IHT before obtaining probate. Solutions include: using deceased's bank accounts (banks may release funds to pay IHT), executors paying IHT personally and reclaiming from estate, or borrowing against estate assets. This is one reason why proper estate planning (ensuring liquidity to pay IHT) is important. We guide you through IHT payment procedures.

What is the 7-year rule?

Gifts made during lifetime are "potentially exempt transfers" (PETs). If you survive 7 years after making the gift, it becomes fully exempt from IHT. If you die within 7 years, the gift is added back to your estate for IHT purposes, though taper relief may reduce tax: Years 0-3: Full IHT rate (40%). Years 3-4: 32% (20% reduction). Years 4-5: 24% (40% reduction). Years 5-6: 16% (60% reduction). Years 6-7: 8% (80% reduction). 7+ years: 0% (fully exempt). This encourages early estate planning—the sooner you gift, the more likely you'll survive 7 years.

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