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Monthly Archives: March 2011

Healys divorce solicitors in Brighton and how a pre-nups can affect a will

Healys’ solicitors in Brighton and London are concerned to read findings that the prospect of a child’s divorce may stop a parent from making a will.

Financial firm Rensburg Sheppards polled 2,005 people in January this year and found that 27 per cent were not confident that their children’s marriages would remain intact.

As a consequence, one in three respondents said they were reluctant to bequeath an inheritance because the prospect of their child’s spouse ending up with a share of the parents’ accumulated wealth was something they weren’t prepared to let happen.

It also appears that the older, and perhaps wiser generation, is seeing the shrewd financial benefits of marital property agreements with 72 per cent saying they would like to see pre-nuptial agreements become enforceable in English and Welsh family law.

A senior financial planner at Rensburg Sheppards, said, “Given the UK’s high divorce rate, it’s perhaps understandable that many parents are pessimistic over their own kids’ marriages. Such fears may mean some families are reluctant to get involved in inheritance planning or gifting assets to their children.”

While some young couples may still feel the drawing up of a pre-nup is cold-hearted and pessimistic, a parent’s concern over inheritances is perhaps, in many cases, valid.  The contents of an authoritatively conceived pre-nuptial agreement can help to alleviate fears of assets and heirlooms leaving the family line and should be seen as sensible financial planning by all concerned.

To discuss how a financial settlement could be affected by the lack of a pre- or post-nuptial agreement Healys’ divorce solicitors in Brighton can be contacted by calling <b>01273 685 888</b>.  In London our family law legal practitioners can be contacted on <b>020 7822 4000</b>.

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Internet speed affects house purchase

A new aspect of how people decide on a house purchase has nothing to do with the conventional work of a residential conveyancing solicitor but everything to do with modern life and almost universal use of the internet.

The UK’s largest property website, Rightmove, has decided to include relevant broadband speeds to the home description details as well as the more usual information such as number of bedrooms and council tax band.

It is linking with BT to provide details of current internet speeds and whether a house is covered by the company’s new “super-fast” Infinity broadband service.

Although virtually every householder and business in cities such as London and Brighton can connect to the best internet providers, many people in villages and rural areas have problems with availability of reasonable speeds for downloading and sending emails, films or some of the many other applications accessed through a computer.

According to a 2011 survey, nearly three-quarters of potential home buyers said that they would be disinclined to buy a property if high-speed broadband was not available.

If an owner bought a home specifically because of promised internet speed as described by the estate agent but found this was untrue, he might have cause to consult a property lawyer to seek compensation for his loss under the Property Misdescriptions Act, which makes sellers and their agents liable for the accuracy of published information.

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Boost for first-time buyers and housing market from First Buy scheme

The Budget gave first-time buyers a glimmer of hope of getting on the property ladder with the announcement of a £250m deposit assistance fund in a new scheme which may also boost the general residential conveyancing market.

The shared equity First Buy scheme is for buyers with a household income of less than £60,000 and who have a 5% deposit towards the cost of a new-build home.

The Government, working with house builders, will then make a loan of up to 20% of the value of the property, allowing the buyers to apply for a 75% loan to value mortgage, which analysts hope will give impetus to housing sales.

The loan is interest-free for five years and does not need to be repaid until the home is sold, although interest on the loan will be charged at 1.75% in year six and at inflation plus 1% thereafter.

Expected to benefit about 10,000 house buyers in the year-long scheme, First Buy is similar to the previous Government’s successful HomeBuy initiative.

Details of how the support will work are being drafted and the first homes contracts are likely to be exchanged in September. First Buy relates only to funding of deposits and buyers will be responsible for finding a property solicitor and arranging residential conveyancing in the usual way once an eligible home has been found and a mortgage agreed with a provider.

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Kensington residential conveyancing price boost

Kensington road has most expensive residential conveyancing in 2010

A road in Kensington, which is the London base of Oscar-winning actor Dustin Hoffman, has been named the most expensive street in England and Wales; a fact that won’t surprise residential conveyancing solicitors and other watchers of the capital’s housing market.

Victoria Road was originally known as Love Lane before its 19th Century stucco-fronted villas became popular with families. Today its residents include the former king of Malaysia and  Vietnamese embassy workers, who were joined in 2010 by someone who paid £11m for a house.

This property sale boosted the road’s status from 10th in the Mouseprice.com rankings a year earlier to top of the list with an average home value of £6.42m.

It took over from Chester Square in Belgravia – home of former Prime Minister Margaret Thatcher; which, after leading the chart for two years, dropped to third, at an average of £6.3m behind Hampstead’s Ingram Avenue at £6.41m.

Not surprisingly, all 20 of the most expensive streets were in London with 14 of them being in the borough of Kensington and Chelsea.

Wealthy foreign buyers are attracted to the area by its history, spacious homes and closeness to shops, schools, restaurants, museums, parks and the Royal Albert Hall.

Property lawyers will be looking to see if the price momentum at the high end will continue with the news that an eight-bedroom house in Victoria Road; possessing eight bathrooms, four reception rooms, a library, garden and private parking, is for sale for £13m.

For expert legal advice from Healys’ residential conveyancing solicitors in London, please call 020 7822 4000 or for our Brighton office call 01273 685 888.

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Healys family law solicitors in Brighton | Church civil-partnerships

Family law and civil partnership in Brighton churches: Archbishop says “No”

While Healys’ family law solicitors in Brighton and London can advise couples wishing to undertake a civil-partnership on a suitable pre-nuptial agreement, it seems unlikely they will be able to advise that same-sex couples will be able to be legally joined in a church any time soon.

Despite plans announced by the Coalition Government to allow gay unions to take place in so-called “religious buildings”, Dr Rowan Williams, the Archbishop of Canterbury, has informed a group of highly ranked politicians that he would not allow the forcing of the Church into the use of its premises for civil partnership ceremonies.

In a private meeting the archbishop made his feelings known and although there is a reported bitter division in the Church over its role in the acceptance of same-sex couples, Dr Williams made his position very clear that he would oppose any such move to allow the ceremonies to be held in consecrated buildings.

Conservative MP for Brighton Kemptown Simon Kirby asked how the archbishop would explain to a gay couple why they could not have a church ceremony and was apparently told that although the Church welcomes homosexuals and allows clergy to be civil-partnered, it would not allow its teaching on marriage being between a man and woman to be weakened.

Mr Kirby argued that this stance may make the Church seem out of touch with society and has the capacity to alienate gay churchgoers.

He said, “I hoped he might be more measured in his response and reflect on the cases for both sides of the argument more evenly, but he was very one-sided.

“Public opinion is moving faster than the Church on this issue and it is increasingly in danger of getting left behind.

“Obviously, it is a difficult issue for the Church, but it has many gay men and women who want to be treated the same way as everyone else.”

For expert legal advice from family law solicitors in Brighton call Healys on 01273 685 888 and to speak to a solicitor in London, please call 020 7822 4000.

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Family law lawyers comment on new mediation protocol

Mediation is unlikely to be a magic wand in all family law disputes

As details of the Government’s new protocol for couples in disputed divorce cases to mandatorily take part in mediation were revealed, some family law lawyers commented that it was “naive” of politicians to believe that mediation would be the magic wand to stop contentious proceedings.

The new procedure has been added to the Family Proceedings Rules and will be effective from 6 April 2011.

It will mean that separating couples will be required to assess whether mediation would be a more suitable method to reach agreement over the settlement of their divorce than going straight to the family court.

Couples who wish to contest any terms of their divorce will be obliged to undertake a mediation awareness session akin to that which couples seeking divorce under legal aid are required to undergo.

Fears that there is an insufficient number of trained mediators in England Wales to cope with demand have been countered in the Practice Direction with the statement that a divorcing party will not be forced to use a mediator if “the applicant (or the applicant’s legal representative) contacts three mediators within 15 miles of the applicant’s home and none is available to conduct a Mediation Information and Assessment Meeting within 15 working days of the date of contact.”

Whilst many family law lawyers have gone on record to say that assistance in finding alternatives to traditional adversarial court-based divorce proceedings, such as mediation and collaborative divorce, are, of course, welcome, particularly in those cases where a contentious divorce holds the possibility to harm the sensibilities of any children involved, it is perhaps rather too hopeful to expect all couples to be pleased to be forced into mediation.

For expert legal advice from family law solicitors in Brighton call Healys on 01273 685 888 and to speak to a solicitor in London, please call 020 7822 4000.

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