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Family Finance Proceedings in England: Steps, Timescales, and Why Expert Legal Support Matters

Fri, 24 Apr 2026 11:59:23 GMT

Dividing finances during divorce is often one of the most complex and emotionally demanding aspects of the process.

If you are at the start of a divorce, or considering one, it’s important to understand:

how family finance proceedings work,
how long they typically take,
and the risks of navigating the system without professional legal support.

This guide explains the key stages of financial proceedings in England and Wales, realistic timescales, and why instructing both a solicitor and a barrister can make a significant difference to your outcome.

What Are Family Finance Proceedings?

Family finance proceedings deal with how assets, income, pensions, and liabilities are divided following a divorce or dissolution of a civil partnership. This can include:

Property (family home and other real estate)
Savings and investments
Pensions
Business interests
Debts and liabilities
Spousal maintenance (in some cases)

Financial matters are separate from the divorce itself and require either an agreement between parties or a court order to become legally binding. Child maintenance is typically covered separately.

Key Steps in Family Finance Proceedings

1. Initial Disclosure and Financial Information Gathering

Typical Timescale: 4–12 weeks

Both parties must provide full and frank financial disclosure. This is typically done using a Form E, a detailed document outlining assets, income, outgoings, and liabilities.

Common stress points:

Locating and valuing assets
Obtaining professional reports - what type is required and who to instruct
Concerns about hidden or undisclosed finances
Emotional tension when reviewing finances built over years

Errors or omissions at this stage can have serious consequences later, making professional guidance essential.

2. Negotiation and Attempts to Settle

Typical Timescale: 1–6 months (or longer)

Before going to court, parties are encouraged to negotiate. This may happen through:

Solicitor-led negotiations
Mediation
Roundtable meetings

If an agreement is reached, it can be formalised in a Consent Order and approved by the court.

Common stress points:

Power imbalances between parties
Emotional decision-making
Pressure to accept an unfair settlement

3. Issuing Financial Proceedings (if no agreement)

Typical Timescale: Court timetable begins (9–24 months total)

If an agreement cannot be reached, one party issues a financial application to the court. The court then sets a timetable for resolving the dispute.

4. First Appointment (FDA – First Directions Appointment)

Timescale: Usually 12–16 weeks after application

This is the first court hearing, primarily procedural. The judge reviews what information is missing and orders further disclosure if needed.

Purpose:

Identify gaps in financial disclosure
Set directions (e.g., property valuations, pension reports)

5. Financial Dispute Resolution Hearing (FDR)

Typical Timescale: 3–6 months after FDA

This is a key stage where the judge gives an indication of what a fair settlement might look like, based on the available evidence.

Important:

Most cases settle at or shortly after the FDR
The judge at FDR cannot later decide the case if it proceeds to trial

Common stress points:

Pressure to settle
Interpreting judicial indications
Weighing risk vs. certainty

6. Final Hearing (Trial)

Typical Timescale: 3–6 months after FDR (if needed)

If no agreement is reached, the case proceeds to a final hearing where a judge imposes a binding decision.

Considerations:

Significant legal costs
High stress and uncertainty
Can stretch across multiple days for more complex cases

Typical Overall Timescale

From issuing proceedings to final resolution:

Agreed cases: 3–9 months
Contested cases: 9–24 months (complex cases involving businesses and defined benefit pensions can take considerably longer)

Delays can occur due to court backlogs, incomplete disclosure, or disputes over valuations.

Why You Need Both a Solicitor and a Barrister

Many people underestimate the complexity of financial proceedings. Having the right legal team is not just helpful—it can be critical.

The Role of a Solicitor

Manages your case day-to-day
Gathers evidence and financial disclosure
Provides strategic advice
Conducts negotiations
Produces court bundles

The Role of a Barrister

Specialist advocate for court hearings
Provides expert legal opinions on settlement
Represents you effectively at FDR and final hearings
Handles complex legal arguments

Why both matter:

A solicitor ensures your case is properly prepared, while a barrister ensures it is powerfully presented. Together, they significantly improve your chances of achieving a fair outcome.

Risks of Acting as a Litigant in Person

Some individuals attempt to handle financial proceedings themselves to save costs. However, this often leads to serious difficulties:

Lack of legal knowledge: Misunderstanding legal principles such as needs, sharing, and compensation
Procedural errors: Missing deadlines or failing to comply with court directions
Poor negotiation outcomes: Accepting unfavourable settlements due to pressure or lack of strategy
Difficulty challenging disclosure: Inability to identify hidden assets or inconsistencies
Emotional strain: Managing legal arguments while coping with divorce

In many cases, litigants in person end up with worse financial outcomes that outweigh any initial cost savings.

The Limitations of McKenzie Friends

McKenzie Friends can provide support in court, but they are not a substitute for qualified legal professionals.

Key limitations:

Cannot conduct litigation on your behalf
Usually cannot speak for you in court
No formal legal qualifications (in most cases)
Usually have no insurance
Not regulated in the same way as solicitors or barristers

While they may assist with moral support or note-taking, they cannot provide the strategic, legal, and advocacy expertise required in complex financial proceedings.

Common Pitfalls in Family Finance Cases

Failing to obtain proper valuations (property, pensions, businesses)
Overlooking tax implications
Not securing a legally binding court order
Rushing into a settlement under pressure
Underestimating future financial needs

Each of these can have long-term consequences, particularly where children, pensions, or significant assets are involved.

Final Thoughts

Family finance proceedings are rarely straightforward. They involve legal complexity, financial scrutiny, and emotional pressure, all within a structured court process that can take many months to resolve.

While it may be tempting to minimise legal costs, the risks of inadequate representation are significant. A coordinated approach involving both a solicitor and a barrister ensures your case is properly prepared, strategically managed, and effectively presented.

If you are at the start of a divorce, seeking early legal advice can help you understand your position, avoid costly mistakes, and work towards a fair and secure financial future.

Wildcat Law specialises in guiding clients through all stages of family finance proceedings with clarity, strategy, and strong advocacy. If you need advice tailored to your situation, professional support at an early stage can make all the difference.

Broken Trust: Your Home, Trusts, The Taxman and Care Home Fees

Wed, 04 Feb 2026 14:33:43 GMT

If it seems too good to be true, then it's probably someone making a lot of money at your expense!

We are often asked to help people place their home into a trust, usually because they have heard this is a way to avoid paying for care fees. When we explain the implications of doing this they always change their minds. We also have to assist people who have done this and have then realised that it is not want they want so need to unwind it. Fortunately our team of specialists can do this but it is not straight forward.

In this blog we will explore some of the potential tax, care fee and practical implications of putting your main property into trust. This is designed to be a general guide and not specific legal advice.

Tax traps!

Inheritance Tax: Gift with Reservation of Benefit (GWR)

(a) The GWR Rules

Under Finance Act 1986, s.102 , a transfer is a gift with reservation of benefit if:

the settlor gives away an asset, but
continues to enjoy a benefit from it.

Living in a house after placing it into trust without paying a full market rent is a classic example of a GWR.

(b) Application to a Trust

If a settlor:

transfers their home into a trust, and
continues to live there rent-free or at undervalue,

then:

the transfer is not effective for IHT purposes , and
the property is treated as still part of the settlor’s estate on death.

So:

No IHT mitigation is achieved , even if the trust was created many years earlier.
The trust fails in its main estate-planning purpose .

(c) Pre-Owned Assets Tax (POAT)

If GWR rules are somehow avoided (e.g. via complex structuring), Schedule 15 Finance Act 2004 (POAT) may apply instead, imposing an annual income tax charge based on the rental value of the property.

So the settlor is taxed anyway.

Capital Gains Tax Problems

(a) Loss of Principal Private Residence (PPR) Relief

If an individual owns and lives in their home:

CGT is usually avoided on sale due to Principal Private Residence relief (TCGA 1992, s.222).

However, once the house is transferred into a trust:

the trust , not the individual, owns the property;
PPR relief may be unavailable , unless very narrow conditions are met (e.g. certain disabled beneficiary trusts).

If the property is later sold:

CGT is charged on the trust , at the trust rate (currently up to 28%) on residential property,
with only a small annual exemption , much lower than for individuals.

(b) No CGT “Uplift” on Death if GWR Applies

Because a GWR means the property is still treated as part of the settlor’s estate:

there may be a CGT uplift on death,
but this merely confirms that no effective lifetime planning occurred .

If the trust continues after death, future gains will still be taxable within the trust regime.

Tax summary

Putting all this together, a trust is unsuitable where the settlor lives in the property because:

IHT planning fails due to GWR rules.
Potential POAT income tax charges may arise annually.
CGT exposure increases , with potential loss of PPR relief.

Care Fees

Local Authority Care Home Fee Assessments - Deprivation of Assets

(a) What Counts as Deprivation?

Deprivation occurs where:

A person deliberately reduces their assets , and
A significant operative purpose was to avoid or reduce care charges.

Placing a house into a trust is a classic red flag , particularly where:

the settlor continues to live in the property,
the trust was created while the settlor was older or had foreseeable care needs.

(b) Continued Occupation Is Highly Relevant

If the settlor:

lives in the house both before and after the transfer, and
gains no commercial benefit from the arrangement,

local authorities are likely to conclude:

the settlor still treats the property as their home , and
the transfer was artificial for means-testing purposes.

This mirrors the GWR analysis in tax law and reinforces the deprivation argument.

Consequences of a Deprivation Finding

If a local authority decides that transferring the home into a trust was a deprivation of assets , it can:

(a) Treat the Property as Notional Capital

Under s.70 Care Act 2014 and Annex E:

the authority can assess the settlor as if they still own the property ,
meaning they are treated as a self-funder regardless of the trust.

So:

no protection from care fees is achieved , even if legal ownership has changed.

(b) Pursue the Trustees or Beneficiaries

Where assets have been transferred to a third party:

the local authority may seek recovery of care costs from:
the trustees , or
the beneficiaries ,
under s.70 Care Act 2014 .

This can place trustees in a difficult legal and personal position.

Timing Does Not Guarantee Safety

A common misconception is that:

“If the trust was set up years before care was needed, it’s safe.”

This is not correct .

Local authorities look at:

the foreseeability of care needs , not merely timing.

Given that:

ageing itself makes care needs foreseeable,
especially where the settlor was already retired or elderly,

an IIP trust of the settlor’s home is highly vulnerable to challenge.

Interaction with a Trust Structure

An Interest In Possession (IIP) trust may be especially weak for care fee planning because:

the settlor often remains the life tenant , reinforcing continued benefit;
there is no genuine loss of enjoyment or control ;
the arrangement looks contrived when assessed in substance, not form.

Local authorities are directed to consider the reality of the arrangement , not just the legal paperwork.

Comparison with Will Trusts

By contrast:

an IIP trust created on death (e.g. a spouse life interest trust in a will):
does not involve deprivation by the deceased,
is generally respected for care fee purposes for the survivor,
because the survivor never owned the deceased’s share outright.

This highlights why lifetime IIP trusts are far more problematic.

When Trusts Are Appropriate

Trusts may be suitable where:

the settlor does not continue to benefit from the property;
for example, providing a life interest for a surviving spouse under a will;
or where the property is an investment asset , not the settlor’s home.

And then there is the loss of control...

The settlor has given up control of their home. If there is a problem with the Trustees this can cause real complications for the settlor. For example in relation to repairs, and improvements. It can also significantly complicate or even prevent down sizing or any other move. The property equity is also no longer available to the settlor.

Summary

A Trust is typically unsuitable where the settlor continues to live in the property not only because of tax inefficiency , but also because:

Local authorities are likely to treat the transfer as deprivation of assets .
The property may be treated as notional capital , defeating the planning.
Trustees or beneficiaries may face recovery action .
Continued occupation strongly undermines the argument that the asset has genuinely been given away.

Taken together with:

GWR rules for IHT,
Potential loss of PPR relief and increased CGT exposure,

a trust of a settlor-occupied home is usually ineffective, risky, and counterproductive .

Buying a House with Cash in England: A Step-by-Step Guide (Wildcat Law Explained)

Wed, 22 Oct 2025 15:58:53 GMT

Buying a property with cash can be a smart, swift, and stress-free way to secure your dream home — but only if you understand the process and have the right legal support.

At Wildcat Law, we specialise in helping clients navigate every stage of the cash purchase process, ensuring your investment is protected and the transaction runs smoothly.

1. Why Cash Purchases Are So Powerful

In today’s fast-moving property market, being a cash buyer gives you a competitive edge. You can move quickly, avoid mortgage delays, and often negotiate a better price.

However, even without a mortgage, legal due diligence remains essential — and that’s where Wildcat Law’s conveyancing experts step in.

2. Step-by-Step Cash Purchase Process in England

Step 1: Preparing Your Finances

Before making an offer, ensure your funds are readily available. Estate agents will typically ask for proof of funds such as a bank statement or investment statement.

Wildcat Law can guide you on how best to present financial evidence to ensure credibility and compliance with anti-money laundering regulations.

Step 2: Making an Offer

Once you’ve found your property, make a formal offer through the estate agent. Being a cash buyer often makes your offer more attractive, as there’s no mortgage chain or lender delays.

Step 3: Instructing a Conveyancer (Wildcat Law)

After your offer is accepted, it’s time to instruct a conveyancing solicitor.

At Wildcat Law , our team:

Conducts comprehensive title and ownership checks
Drafts and reviews all legal documents
Liaises directly with the seller’s solicitor
Helps you navigate often complex anti-money laundering regulations including source of wealth checks
Ensures your funds are handled safely and securely

We make sure there are no hidden issues with the property that could cost you later.

Step 4: Property Checks and Searches

Even when buying with cash, property searches are essential. These include:

Local authority search – for planning or building restrictions
Environmental search – for flood or contamination risks
Water and drainage search – for access and liability details

Wildcat Law advises all cash buyers to carry out full searches to safeguard their investment and resale value.

Step 5: Exchange and Completion

Once both parties are satisfied, contracts are exchanged, and a completion date is set. You’ll transfer your funds to your solicitor’s client account, and upon completion, the property officially becomes yours.

Wildcat Law ensures this stage runs seamlessly, managing funds securely, registering your ownership with HM Land Registry and ensuring SDLT is correctly paid.

3. Advantages of Buying with Cash

Faster completion times
No mortgage interest or lender fees
Stronger negotiation position
Less chance of the deal falling through

With Wildcat Law, cash buyers also gain peace of mind — knowing every legal aspect has been handled by experienced professionals.

4. Risks to Watch Out For

Skipping searches can expose you to legal or environmental problems
Lack of title checks can result in ownership disputes
Transferring large sums without proper safeguards can risk fraud

Wildcat Law protects you from all these pitfalls with robust conveyancing and secure fund management .

5. How Wildcat Law Helps Cash Buyers

At Wildcat Law , our solicitors combine legal precision with practical expertise. We handle:

✅ Fast-track conveyancing for cash buyers
✅ Comprehensive due diligence and title verification
✅ Transparent communication throughout the process
✅ Expert advice on property ownership structures

Whether it’s your first home, a buy-to-let investment, or a downsizing move, Wildcat Law ensures a smooth, safe, and successful transaction .

6. Final Thoughts

Buying a property with cash in England demands care and legal oversight. Partnering with a trusted conveyancer like Wildcat Law guarantees you a compliant, efficient, and worry-free experience.

7. Call to Action (CTA)

Ready to buy with confidence?

�� Contact Wildcat Law today for expert guidance on your cash purchase.
�� Call us on 0207 459 4403 or �� email help@wildcatlaw.co.uk

Case Study: Education and Immigration Advice for NATO-Posted Family’s University-Bound Child

looka_production_66063153 — Mon, 19 May 2025 09:47:19 GMT

Supporting NATO Families in England and Wales

Jurisdiction : England and Wales
Legal Areas : Education Law, Immigration & Residency, International Qualification Recognition, Visiting Forces Act Advisory
Client : Spanish military family stationed in the UK under NATO orders

�� Context

A Spanish naval officer stationed at NATO Maritime Command, Northwood , was approaching the final 16 months of his UK posting under the Visiting Forces Act 1952 . His teenage son, a high-achieving student holding Spain’s national secondary qualification (ESO), applied to an English University to begin undergraduate studies in the UK.

Despite being temporarily resident in the UK, the family faced two critical legal hurdles :

Whether the student’s Spanish Educación Secundaria Obligatoria (ESO) would be accepted as equivalent to UK GCSEs for admission.
Whether the student could be classified as eligible for “home fee status” rather than the significantly higher overseas fee.

We were instructed to represent the family and advise on securing the student’s UK academic future.

�� Our Legal Strategy

We undertook a dual-pronged approach:

1. Recognition of ESO as Equivalent to GCSE

We prepared a formal legal opinion based on:

UK ENIC guidance recognising the Spanish ESO as equivalent to five GCSE passes (grades A*–C / 9–4).
International legal frameworks, including the Lisbon Recognition Convention .
National Spanish education legislation (LOE 2/2006 as amended).

This was supplemented with a certification of English language proficiency , based on our dual qualification as a solicitor and certified foreign language teacher. These submissions resulted in the successful acceptance of the student’s qualifications for direct undergraduate entry.

2. Application for Home Fee Status Under Regulation 4

We issued a second legal opinion in support of the student's eligibility for home fee status , relying on:

Regulation 4 of the Education (Fees and Awards) (England) Regulations 2007 , which provides an exemption for children of NATO personnel posted to the UK under the Visiting Forces Act .

However, upon review, the university concluded that since the father’s posting would end during the student’s first year of study, the student's residency was not sufficiently independent to satisfy the regulatory requirement for ordinary residence. The application for home fee status was unsuccessful for Year 1 .

�� Turning a Setback into a Long-Term Solution

Rather than accepting defeat, we worked proactively with the family to design a legal and practical pathway to resolve the issue long-term.

We advised that the student would turn 18 during his first academic year , which would open the opportunity to:

Apply for independent residence rights in the UK.
Establish a non-dependent immigration status (e.g. through settlement routes or other long-term residence provisions).

We provided a comprehensive written plan and legal roadmap:

Detailing the requirements for satisfying ordinary residence in England for the purposes of tuition fees.
Explaining how establishing his own UK immigration status in Year 1 could entitle him to home fee status from Year 2 onwards .

The plan included:

Coordination with immigration advisers for settlement-related matters.
Recommendations on gathering and maintaining relevant evidence of UK residence and integration.
A proposed timeline for re-applying for fee status reassessment after achieving residence independence.

�� Outcome

Admission Secured : The student was accepted by the university for undergraduate studies, having met entry requirements through our educational qualification opinion.
Fee Relief Strategy in Place : While Year 1 tuition fees were charged at the overseas rate , the student successfully applied for and secured a bursary , reducing the tuition bill by 25% for the first year. Simultaneously, our legal strategy positioned the student to apply for reclassification to home fee status starting in Year 2 , potentially saving the family over £60,000 in tuition fees across the remainder of the degree programme.

�� Value Delivered

This case demonstrates our ability to:

Handle complex cross-border education and immigration matters with precision.
Develop innovative, multi-year solutions even when initial outcomes are unfavourable.
Communicate effectively with UK educational institutions on regulatory and legal interpretation.
Provide high-value advice for internationally mobile families, particularly those posted under NATO or diplomatic assignments .

�� We Support Students with Complex International Circumstances

We assist clients with:

Recognition of international academic qualifications.
Legal opinions for university admissions and tuition fee status.
Bespoke residency and settlement strategies for students and families with cross-border ties.
Advisory for military, NATO, and diplomatic families stationed in the UK.

�� Contact us to discuss how we can help secure your child’s academic future in the UK.

Jersey’s Innovative Approach to Trust Consolidation Through Single Transaction Legislation

Thu, 01 May 2025 09:59:44 GMT

Flexibility in facilitating the consolidation of charitable trusts

Jersey’s legal system has demonstrated remarkable flexibility in facilitating the consolidation of charitable trusts through bespoke primary legislation. The recent Westaway Trust (Transfer of Assets) Law 202- provides a compelling case study in how the jurisdiction enables efficient legal solutions for highly specific scenarios while maintaining rigorous legal safeguards.

The Act, passed by the States Assembly earlier this year, was designed for a singular purpose: to transfer assets from the historic Westaway Trust to the Le Don de Faye fund while comprehensively addressing the dissolution of the former and the management of any residual obligations. This targeted legislative approach highlights Jersey’s ability to balance respect for historical charitable intentions with modern administrative efficiency within its established legal framework.

A Strategic Merger of Charitable Funds

The Westaway Trust, established under 1930 legislation, had become increasingly ineffective due to its small asset base and restrictive distribution criteria. Its two component funds – the Pauvres Honteux Fund for parish relief and the Écoles Élémentaires Fund for children’s clothing – were struggling to generate meaningful impact from their limited capital.

The solution emerged through consolidation with the broader-based Le Don de Faye fund, established in 1959. This larger fund already operated with similar charitable objectives under Jersey’s modern trust law framework but benefited from greater flexibility in beneficiary selection and more efficient administration. The merger was structured to preserve both funds’ tax-exempt status under Article 115 of Jersey’s Income Tax Law, avoiding unintended tax consequences.

Legislative Efficiency in Action

What makes this transaction particularly noteworthy is the legislative mechanism employed. Rather than pursuing a ministerial order or navigating complex trust restructurings requiring Royal Court approval under cy-près doctrine, Jersey’s government opted for primary legislation through the States Assembly. This approach provided several distinct advantages:

1. It established absolute legal certainty regarding the transfer of assets while respecting Jersey’s customary law principles

2. It completely wound up the original trust structure without residual obligations, with any remaining assets subject to bona vacantia provisions

3. It avoided the need for ongoing dual administration while maintaining Jersey Financial Services Commission oversight

4. It pre-empted potential beneficiary challenges by clearly serving the public interest in efficient charitable administration

This method stands in contrast to approaches taken in many other jurisdictions, where similar trust consolidations might require court approvals or complex scheme arrangements. Jersey’s ability to enact precise, bespoke primary legislation for such transactions demonstrates the jurisdiction’s legal pragmatism while operating within its established trust law framework.

Implications for Charitable Governance

The consolidation represents more than just administrative convenience. By combining the funds under Jersey’s modern Trusts (Jersey) Law 1984, trustees can now:

- Achieve better investment returns through pooled assets while maintaining regulatory compliance

- Reduce administrative overheads under the Jersey Financial Services Commission’s oversight

- Apply charitable distributions more flexibly to meet contemporary needs while honouring original donor intent

The transaction preserves the original philanthropic intent while ensuring the funds remain effective in modern Jersey society. It demonstrates how historic charitable structures can be adapted to remain relevant without compromising their essential purpose, subject to Jersey’s robust legal protections for charitable assets.

A Model for Other Jurisdictions?

While Jersey’s legislative flexibility may be difficult to replicate in larger jurisdictions with more rigid constitutional frameworks, the Westaway Trust consolidation offers valuable insights. It shows how targeted primary legislation can:

- Resolve specific legacy issues efficiently while respecting established legal principles

- Modernise charitable structures without lengthy court processes

- Maintain public confidence in historic endowments through transparent legislative action

For trustees of similar legacy funds, the case highlights the importance of regularly reviewing governance structures and being open to innovative legislative solutions when existing arrangements become outdated, while always ensuring compliance with contemporary trust law requirements.

As Jersey continues to evolve its legal framework, this example of single-transaction primary legislation may well inspire similar approaches to solving discrete legal challenges in both charitable and commercial contexts, demonstrating how small jurisdictions can leverage their legislative agility while maintaining robust legal protections.

How to write a Will

Wed, 27 Nov 2024 10:13:50 GMT

And why you should think about using a law firm!

Drafting a Will:

According to the National Free Wills Report (2023) only 44% of adults have Wills

- A Will is of paramount importance to ensure that the people you wish to inherit your assets receive them.

- This is especially important to blended families.

However, a Will holds no validity if it isn’t legally binding. To ensure that it is legally binding, it is essential to ensure that:

- Your will has clarity; due to the complex language that is often found, it is recommended that you seek help from a Solicitor to draft your Will for you.

- You must have ‘sound mind’ when you make your Will.

- The Will should comply with UK Statute Law, such as the Wills Act 1837.

- Once your Will is drafted, it must be signed in the presence of two witnesses, who will also need to sign it.

Will drafting is often more complicated then people initially think and even if a Will is valid it can still be open to challenge. In 2019, 188 Will challenges reached court, in 2020 that figure had increased to 192. These are only the tip of a very large iceberg as most contentious probate matters never reach court having settled before, often with the claimant (the person challenging) receiving some level of pay-out from the estate of the deceased.

So when drafting a Will, it is sometimes as important to consider those you do not wish to benefit from it, and why, as much as those who will.

Children

Where you have young children your Will should include directions for:

1. who should look after them – guardianship arrangements.

2. how any money they inherit should be looked after – potentially Trust(s).

In some cases it will not necessarily follow that the people you wish to be executors of your estate are the same people you wish to look after your children. Nor does it always follow that you wish for those looking after your children to also control their inherited money.

Assets

It is also important to understand the nature of your assets; this includes property, savings, investments, and personal belongings. What you should and shouldn’t put in your Will can be dependent on the nature of your assets. Hence why, it is recommended that you consult legal professionals, in order to simplify the process of drafting your Will; as it ensures your assets are distributed correctly. For example, you may need to take into consideration additional things to be drafted into your Will, such as trust/s.

Inheritance tax.

If you have a larger estate your beneficiaries may have to pay inheritance tax on it. According to government statistics, in the tax year 2021 to 2022, there were 27,800 taxpaying IHT estates , an increase of 800 (3%) since the previous tax year, 2020 to 2021. This figure is set to rise with the recent budget announcements.

Why is IHT important to Will writing?

There are a number of methods estate practitioners can use to help mitigate or even remove IHT liabilities from estates. This is one of the benefits of seeing a specialist in this field.

Will Drafting and Reviews

Upon drafting your Will, it is crucial to review it, this is a safeguard against any possible oversights as any errors could impact the execution of your will. For example, inconsistency with any existing legal documents can make the Will invalid. Therefore, it is advisable to go through each section methodically, checking each area is correct. Again this is where engaging a Solicitor can help.

It is also important to ensure that your Will is up to date. A variety of factors may make your Will invalid or out of date. The Association of Lifetime Lawyers (previously known as Solicitors for the Elderly) state that they have found that almost half of UK Wills could be out of date due to life-changing events such as marriage, divorce and death. Marriage can make a former Will invalid, unless the Will is drafted in anticipation of the marriage. This slight difference in wording can be the tipping point for whether the Will is valid or invalid.

Upon the finalising of your Will, it is paramount that you keep it in a secure place, and that your executors know where it is kept. In addition to your Will you should create an estate pack that includes:

Life insurance policies

Pension details

Property details (home, buy to lets etc)

Details of any savings and investments, including policy numbers and company held with.

Details of any other assets you hold, such as valuables, Trusts, cars etc…

I can get a Will written for £69 online, why should I pay more?

What many people do not realise is that Will writing is not a regulated activity, that means anyone can set up a Will writing business without insurance, or any form of training. They may also only use templates or basic software that generate generic Wills that may not be appropriate for individual circumstances. Unfortunately if they have not received any formal training they are often unaware of potential problems they may be creating with badly drafted Wills.

By choosing an SRA regulated law firm you have the re-assurance that:

the firm is not only run by legal professionals who typically hold legal degrees (or a conversion) and a master's level legal qualification to be a Solicitor or Barrister,

it is monitored by a legal body appointed and recognised in law

if things go wrong you have recourse to the Legal Ombudsman and/or SRA

ultimately their work is covered by insurance.

Why Wildcat Law for Wills?

Unlike many firms Wildcat Law offer a remote Will writing service as well as a face to face service in our Eastleigh office. We also deal with disputes over Will's and estates so we know what can go wrong and therefore methods to minimise risk to you and your beneficiaries.

39 Market Street, Eastleigh

SO50 5RG

02394330253

New Eastleigh Office

Mon, 10 Jun 2024 10:09:15 GMT

Providing Barrister led legal services to Winchester and South Hampshire!

Wildcat Law are excited to announce that we have opened our new office at 39 Market Street, Eastleigh, Hampshire. This complements our existing locations but brings exciting new opportunities for us and our clients. For the first time Wildcat Law will be providing training for Solicitor apprentices and providing a High Street office outside London.

We are very proud in the fact we have been very successful in helping aspiring Barristers achieve pupillages as well as having aspiring solicitors work with us to gain qualifying work experience. This is the next step in our mission to widen access to the legal profession for those who, in spite of having immense talent, might not have been able to pursue a career in law.

We are also excited that this will be our first High Street branch bringing our London legal services to South Hampshire. Clients living in the Winchester, Southampton and Eastleigh areas will now have the ability to come into the office for face to face legal advice or receive it online via MS Teams. We have a further 6 offices planned as part of our "Online and on your High Street" model.

Clients of the Eastleigh office will have full access to the specialist lawyers in our network but they will also benefit from the resident lawyers who will specialise in:

Family Law.

Probate and Estate planning (including Wills, Trusts, and LPA's).

Corporate and Commercial Law (especially for local businesses).

Immigration advice.

General litigation support.

Located at: 39 Market Street, Eastleigh, SO50 5RG

The Eastleigh office is proud to confirm that we will be continuing our sponsorship of Fair Oak Cricket Club.

Surrogacy in England and Wales

Tue, 24 Oct 2023 14:10:35 GMT

How does surrogacy work in England?

Over the past five years, there has been a substantial increase in the number of family law cases related to the Human Fertilisation and Embryology Act 2008. Since 2012, there has been a 139.13%. increase in parental orders concerning surrogacy (from 2012 to 2019).

Who can be a surrogate?

Requirements for Surrogates:

Age:

Surrogates with children must be at least 21 years old.
Childless surrogates must be a minimum of 25 years old.
There is no upper age limit for surrogates, but eligibility for treatment at a fertility clinic is a prerequisite. Some UK clinics are open to treating surrogates in their mid to late 40s.

Medical Health:

Surrogates should be in good health and physically capable of carrying a pregnancy. GP reports are obtained during the application process, but having a medical condition may not necessarily hinder your application.

BMI (Body Mass Index):

Surrogates are ideally expected to maintain a healthy BMI, typically no higher than 35.

Residency:

Surrogates must be residents in the UK. For those returning to the UK following treatment you must be domiciled in the UK to obtain a parental order

Who can be an IP “Intended Parent”?

The following criteria need to be met

Inability to Sustain a Pregnancy Personally

Unless male, intended mothers must furnish a letter from their GP as evidence of their inability to carry a pregnancy. Additional supporting documents from a fertility clinic may be requested.

Relationship Status

When applying as a couple, intended parents should be in a long-term relationship or married. Single individuals can apply for a parental order.

Gametes

At least one prospective parent must have a genetic connection to any child born through surrogacy. This means they can use their own embryos, or opt for either donor sperm or donor eggs. The use of double donation is not permitted. t is a prudent step to familiarize yourself with the legal regulations of the country where you are engaging a surrogate. For instance, in Greece, it is prohibited for a surrogate to use her own eggs. Seeking expert legal counsel in the jurisdiction where the fertility treatment is taking place is highly recommended to ensure compliance with all legal requirements and to navigate any potential complexities.

Residency

Intended parents must be domiciled in the UK and, if in a relationship, must be residing together.

If not a UK resident, you must be able to demonstrate your domicile status and your capacity to provide support to your surrogate throughout the pregnancy.

Surrogacy Agreements

Are surrogacy agreements legally binding in the UK?

While surrogacy agreements lack legal enforceability in the UK due to concerns about restricting the surrogate's autonomy, having a surrogate agreement can still offer advantages. By establishing clear expectations and reaching a consensus on important matters, the agreement plays a crucial role in nurturing a supportive and constructive relationship throughout the surrogacy process. It can also show intention when applying for a parental order.

Nevertheless, it is worth noting that the Law Commission has suggested reforms, including the coverage of expenses. Further information on these proposed reforms can be found at this link: https://www.lawcom.gov.uk/project/surrogacy/ .

Issues to consider

You may wish to consider the following issues in your surrogacy agreement:

Contact

Contact arrangements are a crucial aspect to consider:

Is the surrogate inclined towards ongoing contact post-birth, or does she prefer limited interaction?
Keep in mind that preferences can evolve during the pregnancy, so remaining flexible is crucial.
When it comes to pregnancy contact specifics, it's essential to maintain flexibility, particularly during the initial months when the scope of discussions may be somewhat limited.

Shared Values

Ensuring alignment on shared values, worldviews, and interests is vital, although these discussions ideally should have occurred earlier in the process.
For instance, if you identify as gay or lesbian, you may consider seeking a surrogate within the LGBT community to find common ground and understanding.

IVF Rounds

Determine the number of IVF rounds before considering cessation and flexibility in the number of eggs transferred in each attempt.

Abstaining from Intercourse

Discuss the period of abstaining from intercourse during fertility treatment and attempt to conceive.

Medications

Agree on taking necessary vitamins and medications. Address any allergies or exclusions from prescribed medications.

Medical Procedures

Be open to necessary procedures, which may include internal scans or caesarean sections if issues arise.

Miscarriage and Amniocentesis

Plan for how to handle miscarriages, including the number of attempts.
Consider responses to amniocentesis recommendations and potential outcomes, including abortion.

Selective Reduction

If the surrogate becomes pregnant with multiple babies and selective reduction is advised, discuss how both parties would handle this scenario.

Death of Intended parents

In the unfortunate event of the intended parents' death before or without a parental order being granted, it's crucial to establish a plan for the child's guardianship. Discuss and determine who will retain custody of the child in such a situation, ensuring the child's well-being and best interests are the top priority.

Birth Plan

Determining who will be present at the birth and understanding the wishes of both the surrogate and intended parents is of utmost importance. For the surrogate, it's worth contemplating whether the IPs should remain outside the delivery room, or if a support companion can offer assistance during labor. There may even be a preference for the prospective parents to receive notification after the baby's birth. It's imperative to ensure that the prospective parents are accommodating and considerate of these preferences.
Decisions regarding the birth location, whether it will take place at home, in a hospital, or another setting, need to be made. Additionally, it's essential to discuss whether you are open to following the hospital's recommendations, especially in the case of unexpected complications. For example, the surrogate may consent to a hospital birth, but the IPs should acknowledge their responsibility as advocates for the baby's well-being.

Finances

You have the flexibility to decide whether the intended parents provide expenses after the baby's birth or at regular intervals throughout the pregnancy. It is essential to ensure that the surrogate is not financially burdened, so the latter option is typically recommended. Keep in mind that there may be additional expenses for each transfer and in the case of multiple pregnancies. Furthermore, it is advisable for the surrogate to have life insurance, with the specific amount agreed upon, to provide coverage for various scenarios, including complications during pregnancy and childbirth.

These discussions are critical for ensuring a transparent and respectful surrogacy arrangement that aligns with the desires and values of all involved parties. Open communication and understanding are essential throughout the process.

At Wildcat law, we can help you navigate through the issues that can arise during your fertility journey. If you are an intended parent, our specialist lawyers will guarantee your perspective is heard. As a surrogate, representation will ensure a clear and open dialogue, respecting individual preferences, and safeguarding against coercion.

The Law and Surrogacy

Tue, 24 Oct 2023 13:59:13 GMT

Registering the birth

Registering the birth of a child through surrogacy involves specific procedures. The birth can be registered by the surrogate (birth mother) and her partner if married. This registration must occur within 42 days at a local registration office where the birth took place. If married, the husband or legal partner is automatically considered the father. This assumption is based on their legal relationship.

In cases where the surrogate's legal partner is eligible to register the birth in her absence, both partners need to go on the birth certificate. It's important to keep a document received upon the baby's delivery, as it contains details such as the baby's birth information and is required when registering the birth. Additionally, photo ID of both parents wishing to be included is necessary.

The only way for this assumption to be overruled is if there is clear evidence that the husband or legal partner did not consent to the surrogacy or they are no longer together. This evidence should ideally be documented before the insemination took place. At Wildcat law, our specialist lawyers can help you navigate through this

If the surrogate is unmarried, both the surrogate and the other intended parent must attend the registration. They can choose to have the father listed on the birth certificate or, alternatively, register the mother as the second parent. This certificate is temporary, and a new birth certificate naming both parents as legal guardians is issued once the Parental Order (PO) has been granted. The original birth certificate is then sealed until the child turns 18, similar to the process with adoptions.

For children born outside of the UK through surrogacy, obtaining a birth certificate in the country of birth is the first step. Legal advice may be necessary to ensure the child's entitlement to British citizenship and that the foreign birth certificate is accepted in the UK. At Wildcat law, our lawyers can give you immigration advice on such matters. A new birth certificate may be reissued in the UK to fulfil legal requirements.

Regarding names, you have the freedom to name your baby as you wish. While hospitals may issue an ankle band with the surrogate's surname for identification, the surname on the birth certificate can be anything you choose, whether it's one of the intended parents, a combination of both, or a unique name. This name can be changed to the one you wish to keep permanently once the Parental Order is granted. At Wildcat law, we can help you with changing your baby's name should you wish to.

How to Buy a Business in England and Wales: A Quick Guide

Tue, 01 Aug 2023 16:29:08 GMT

Common Questions Answered.

Entering the world of business ownership can be both exciting and intimidating. For many, buying an established business in the UK offers a smoother path to success. Understanding the process, from identifying opportunities to sealing the deal, is crucial to your entrepreneurial journey. With Wildcat Law by your side, you can navigate the complexities with confidence.

Understanding the Business Acquisition Process

When it comes to buying a business, the key lies in mastering the process and utilising a team of experts to ensure a smooth transition. Fundamentally, the process involves identifying a suitable business for sale, carrying out due diligence, negotiating purchase terms, and finalising the sale.

Due diligence is a term you'll often encounter. It essentially refers to the process of verifying the claims made by the business you wish to acquire, encompassing areas such as financial performance, legal compliance, and operational efficiency.

How do I Buy a Business?

Starting your journey into business acquisition requires several key steps:

Identify a Business for Sale: Use various resources such as online platforms, newspapers, business brokers, or personal networks to find businesses up for sale.
Due Diligence: This crucial step involves an extensive review of the business's financial records, contracts, assets, liabilities, and any potential legal issues.
Negotiation: Once you're satisfied with the findings from your due diligence, you negotiate the purchase terms, price, and other details with the seller.
Finalisation of the Sale: After agreement on terms and price, all legal documents are prepared and signed, thus finalising the sale.

At every stage of this process, a solid legal and financial team is instrumental in ensuring a successful acquisition.

What Does a Solicitor Do When Buying a Business?

A solicitor plays a vital role in your acquisition journey. They oversee the legalities, conduct comprehensive due diligence, review and draft contracts, negotiate terms, transfer shares and ensure the sale aligns with relevant laws and regulations. Essentially, they protect your interests and mitigate potential risks.

Do You Need a Lawyer to Buy a Business in the UK?

While not legally required, having a lawyer when buying a business is highly recommended. This is a complex process with potential pitfalls such as undisclosed liabilities, tax implications, TUPE or contractual issues. A lawyer helps you navigate these complexities, safeguarding your investment and ensuring a seamless transition.

Business Acquisition Service

With Wildcat Law's Business Acquisition Service, buying a business in the UK becomes significantly less daunting. Our team of experts helps streamline the process, saving you valuable time, money, and stress, and ensuring you're equipped with the legal support you need for a successful transaction.

How Much Do Solicitors Charge for Buying or Selling a Business?

The costs of hiring a solicitor for selling a business can vary significantly. Factors like the complexity of the sale, the value of the business, and specific client needs can affect the final charge. It's important to remember that the expertise a solicitor brings to the table can help avoid potential legal and financial pitfalls, providing value that often far outweighs the costs.

Key Considerations When Buying a Business

Beyond the mechanics of the acquisition process, understanding the industry, evaluating the financial health of the business, considering its reputation, and ensuring it aligns with your goals and skill set are all crucial considerations.

The process of buying a business isn't just a transaction; it's about envisioning your future in that business and making sure it's a perfect fit.

Scott Liebenberg and Jamin Hassan of Tapered Menswear , who recently acquired Oxcloth with the help of Wildcat Law, praised our service, stating: "Wildcat Law made our acquisition process seamless and stress-free. Their professionalism and expertise were outstanding, guiding us through every stage with clarity and precision."

Get in Touch with Wildcat Law

Whether you're an entrepreneur or an investor looking to make a strategic purchase, buying a business in the UK doesn't have to be an overwhelming process. With a trusted partner like Wildcat Law, you can navigate the journey with confidence. Reach out to us for expert guidance and support, and let us be a part of your success story.

Keywords: Buying a business UK, Business acquisition UK, Business solicitor, Wildcat Law, UK Business Acquisition service, Due diligence, Negotiation.

Breach of Contract

Mon, 15 May 2023 12:16:09 GMT

Guiding you through the Law in England and Wales

Introduction

Contracts are at the heart of almost all business transactions. They can be between a range of parties, from individuals to multi-national corporations. They are designed to provide a clear, legally binding framework that outlines the obligations of all parties involved. When one party fails to uphold their contractual responsibilities, it can lead to a breach of contract. In such cases, the affected party may choose to take legal action to recover damages. This article serves as a guide to understanding and suing for breach of contract law in England and Wales.

Defining Breach of Contract

In the simplest terms, a breach of contract occurs when one party involved in a contract fails to perform any term of the contract without a legitimate excuse. This can include not completing a job, not paying on time or in full, failing to deliver goods, substituting inferior or significantly different goods, or any act which shows the party will not complete the work ("anticipatory breach").

Types of Breach of Contract

There are several types of breaches recognised by UK law:

Minor Breach: This occurs when a party fails to perform a small or insignificant part of their contractual duty. The impacted party can sue for actual damages but cannot terminate the contract.
Material Breach: This is a serious breach that affects the contract's core elements. The affected party can sue for damages and may also have grounds to terminate the contract.
Anticipatory Breach: This happens when one party indicates, before the due date of performance, that they won't be fulfilling their contractual obligations. The other party can sue immediately rather than waiting for the deadline.
Repudiatory Breach: This type of breach is so serious that it gives the innocent party the right to terminate the contract and sue for damages.

Taking Legal Action: The Process

Should you find yourself in a situation where you need to sue for a breach of contract, here's a step-by-step guide on what you need to do:

1. Gather Evidence

Gather all relevant evidence to support your claim. This includes the original contract, any amendments, correspondence relating to the breach, and proof of financial loss.

2. Notify the Other Party

Before you initiate legal proceedings, you must notify the other party about the breach and give them an opportunity to rectify it. This is typically done through a formal 'Letter Before Action'.

3. Seek Legal Advice

It's crucial to consult with a legal professional who specialises in contract law. They can provide you with expert advice tailored to your situation and guide you through the legal process.

4. Issue a claim/proceedings

If the breaching party doesn't respond or the dispute isn't resolved, the next step is to file a claim in court. In England and Wale, a small claim of up to £10,000 can be made through the county court- “small claims court” also known as Money Claim Online. Larger claims will need to go through the County Court or High Court.

5. Court Proceedings

The court give both parties a chance to present their argument and then review the matter giving a determination. If the court finds in your favour, it will issue a judgment outlining what the breaching party must do to rectify the situation and or award damages for the loss arising.

6. Enforcement

If the breaching party fails to comply with the judgment, such as failing to pay, you can return to court to enforce it. There are several methods of enforcement available, such as bailiffs, charging orders, or third-party debt orders.

Conclusion

Suing for breach of contract can be a complex process that requires a sound understanding of the law and careful preparation. It's always best to seek professional legal advice when dealing with contractual disputes. Remember, prevention is better than cure. Therefore, ensure that your contracts are well-drafted, clear, and fair to both parties whilst being commercially viable.

We can help with drafting contracts and helping with disputes.

Intestacy - What happens when a person dies without a Will?

Fri, 05 May 2023 15:49:49 GMT

Administering an estate where there is no Will.

Losing a loved one is traumatic enough but for thousands of people every year this trauma is followed by the discovery that your loved one did not have a Will.

For many who find themselves in this situation the immediate question is where to start, and what to do?

Firstly you need to establish if there ever was a Will, has it simply been lost? If so it may be possible to reconstruct it from copies or even the notes used to draw it up. This can be very complex to do but not impossible.

Even if there was a Will there are circumstances that would cause it to be revoked, a typical one being marriage.

If there is no Will, or the last Will was revoked then the Law of Intestacy applies. It decides who will inherit what. This can be quite complex but there is an online walk through provided by the Government that will help you: https://www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales

There is a common misconception that a wife or husband will automatically receive all of their deceased partner's assets. In fact if they have children the spouse or civil partner, will only inherit the first £322,000 absolutely and a life interest in the remainder. Where the deceased had children from other relationships this can cause significant issues.

The closest living relative will also have to apply for Letters of Administration (The equivalent of Probate but for estates where there is no Will). Establishing the closest living relative is often straight forward, normally it is the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children). However if none of these exist or have not survived the deceased it can be more problematic, again the Government online walk through can assist.

Once it has been established who the closest living relative is and who should inherit what the estate must be valued and any Inheritance Tax paid, then Letters of Administration (The equivalent of Probate but for estates where there is no Will) can be applied for.

Many couples who are married or in civil partnerships own their property as Joint Tenants. Where this is the case, and where accounts are held on a joint basis the surviving partner will automatically inherit the other partner's share. Only remaining assets will fall to intestacy.

Where properties are held on a Tenants in Common basis then the deceased partners share will fall to intestacy, so it is important to establish the basis property is owned.

It is important to stress that co-habiting partners who are not married or in a Civil Partnership, cannot inherit under intestacy. They may be able to apply to the Courts for provision to be made for them but this can be a drawn out and costly process, especially if contested by those who have benefited under the intestacy rules. These are often referred to as 1975 Act claims.

The team at Wildcat Law can assist you at all stages. We understand that Intestacy proceedings can be some of the most emotionally complex legal situations any person can go through. This is especially so when estranged family members are involved. We have found that bringing in an independent specialist to administer the estate can reduce the emotional toll on individuals. It also helps to minimise friction and arguments regarding the valuation and subsequent division of assets.

If you need help with an Estate contact us today.

Ten Tips to Successfully Move to Become Self-Employed as a Solicitor

Thu, 13 Apr 2023 13:08:55 GMT

Leaving an employed job is one of the most difficult moves you will ever make but it can be the best decision you ever make.

Self-employment is on the rise for the legal profession and the experiences many of us had during Covid has accelerated that trend. Self-Employment offers flexibility just not possible in an employed role. This allows many who would struggle to take a traditional full time role, the opportunity to earn just as much whilst fitting with their family, and other, commitments.

Typically an employed solicitor will need to produce annual client billing of 4 times their salary, either as a hard target or a soft performance related target. Thus taking home roughly 25% of their actual client billing.

A self-employed solicitor will typically earn anywhere from 50% upwards of client billing - a significant difference.

So why don't more people make the move?

Primarily the fear of failure. They see stats such as 1 in 5 new businesses and self-employed persons, fail in the first year of trading. Uncertainty vs the certainty of a regular wage.

There are however some simple steps that can be taken to maximise the chance of success and minimise the risks of failure.

Decide what your ideal role looks like - sounds simple but do you want to work 9-5, or around school times, or ad hoc? Are you happy to work evenings, weekends, holidays?
Do your homework - talk to people who have already made the leap, this will help to manage your expectations. Some people think that being self employed means working less hours, for many the opposite is often true but they do have the flexibility of when to work those hours.
Examine your existing contract for any restraint of trade clauses!
Do you want to be a sole practitioner/free lancer or a consultant? Do you understand the pros and cons of each?
Consider the area of law you want to practice in, what does the cash flow look like? Is it a large number of matters for small payments or a small number of matters for large payments? Are these cases typically paid for as you go along or at the end?
Look at you expenditure and draw up a spreadsheet - How much income do you need to pay your bills? what can you realistically do without? Are those bills likely to increase? What extra expenditure will you have due to becoming self-employed?
Build up savings! You might get lucky and have a stream of clients from day 1 but most self-employed people need up to 6 months to establish a regular income stream. Having at least 3 months worth of bills saved will provide you with a buffer.
What is your network? Do you have a number of existing loyal clients who will follow you? Do you know other professionals who might introduce clients to you? Do you have a network of family and friends who could be potential clients or refer people to you? If you don't have a large network how will you obtain clients? What sort of timeframe will that take? How much will it cost?
Save for tax and, if registered, for VAT straight away. Nothing kills a business faster than a massive tax bill you can't pay.
Get a good accountant from day 1 - as well as helping with point 9, this will not only save you time but also potentially a lot of money!

All of these points should feed into a Business Plan. This will take some time to draw up but will dramatically increase the chances of you succeeding.

The team at Wildcat Law have extensive experience in this area. We are always happy to speak to lawyers, no strings attached, who are looking to make the move to become self-employed.

Divorcing a narcissist? Here’s what you need to know.

Sun, 09 Apr 2023 18:46:26 GMT

Below are some steps you can take during the divorce process so you feel prepared for what you are likely to experience. Not all narcissists/abusers are the same however, so the below steps will vary slightly, from individual to individual:

1. Create boundaries and stick to them;
During a relationship breakdown, a narcissist will try everything to get you back, often love bombing you like they did at the start of the relationship. They will make you feel like you cannot survive without them, that they cannot survive without you, that you are perfect for each other and you have no purpose in life without them. You must stand your ground, recognise their behaviour and words are entirely superficial and self-serving. As soon as they have you back, their old ways will soon creep back in and you will realise the false hope and promises they made, were just empty words. This applies throughout the divorce process and financial settlement; be clear in what you want, and why, and do not let the narcissist use their behaviour to sway your decision.

2. Seek therapy;
Whilst your lawyer and any friends/family can be a great support during the divorce process, an experienced professional will provide you with the tools to help you get through the process and create a recovery plan, so you can move on with your life after the process has ended.

3. Do not expect empathy, remorse or understanding from your spouse of how you may be feeling during the process;
You can seek genuine empathy and understanding from your support network and lawyer.

4. Use the divorce process as your chance to find your voice, speak up and tell your spouse how they have made you feel;
During the divorce process, a proficient solicitor and/or barrister will respect your vulnerability and the challenges you are likely to face in wondering whether you are making the right decision. They should make you feel supported by instilling confidence in you and your decision in proceeding with the divorce, and protected from the narcissists manipulative behaviour during the process.

5. Recognise that their traits and behaviour is due to their narcissistic personality disorder, not you;
Your spouse will attempt to blame you for their behaviour; do not accept the blame. Try not to become defensive or give attention to their false accusations and gaslighting, as they thrive off of this.

6. Have self-awareness and try to understand narcissism;
Read self-help books and try to apply them to your situation. You must recognise the red flags rather than focussing entirely on the narcissist’s behaviour.

7. The narcissist will focus on your mistakes and blame the relationship breakdown on you;
They will do this to get sympathy from the court, your legal representatives and yourself, as an attempt to obtain a more favourable award and ‘win’, in their eyes. They will ignore any of their own mistakes by quickly changing the direction of the conversation, or use an excuse.

8. Recognise their defences;
These come in the form of personality modes or personas which they will use throughout the proceedings. For example, the victim, the judge, the critic, the womaniser.

9. Identify the triggers that are likely to cause a personality mode change as described above;
This will occur when they have feelings of emotional abandonment, inner defectiveness, lack of control or security, or fear of ridicule or shame. It is evident that those feelings will arise during the divorce proceedings and the narcissist will change into a different personality mode in order to avoid that feeling.

10. They may accuse you of feeling emotions that they are intentionally provoking;
This is an attempt to make you think you are being overly sensitive and drastic in seeking a divorce, causing you to consider changing your mind.

11. They will make the divorce process particularly difficult and drawn out for you;
Unfortunately, as you have probably experienced, narcissists enjoy a fight, and do not want to give in or ‘lose’. When you once thought you were easy going, strong and able to put up such a fight, suddenly, you do not feel that after being subject to a narcissist. Do not be hard on yourself, you will find that strength again once you are breaking free from your spouse, and having a support network throughout the proceedings will help.

12. Be open with your solicitor as to how you are feeling throughout the process, discuss particular traits of your spouse and experiences;
The more your solicitor knows, the better understanding they will have on how to approach your spouse and achieve settlement as early and stress free, as possible. It will also allow them to approach other legal representatives and the court to ensure everyone is prepared for the narcissistic traits.

13. You should not expect to ‘resolve’ any dispute during proceedings, or have complete closure with your spouse;
You are likely to have experienced this during the relationship. A narcissist will act like an argument never existed, rather than making an effort to resolve the conflict in a calm, amicable way. This will make you feel overly sensitive and fearful in seeking a resolution, knowing it will just cause another argument. You should therefore use the divorce and financial proceedings as a tool to end the marriage and obtain settlement of the finances, rather than resolving the conflicts and issues from the marriage.

14. The narcissist will ‘take the stage’ at the hearings;
They experience pleasure from attention and a sense of adoration, and will use any opportunity to achieve this.

15. You are likely to have played detective during the relationship;
Their lies, manipulation and gaslighting are likely to have caused you to question your own truth and trust towards them, even when you originally knew you were correct. This skill you have gained will benefit you during divorce proceedings.

16. They will use triangulation;
They will make you feel jealous or that you are making a mistake in ending the relationship, by implying they are in high demand from others, showing they have happily moved on with their life.

17. The narcissist is likely to continue to attempt to manipulate you into thinking you should still take them back, even after the divorce and financial process has ended, using any means they can to get in contact. If this happens, contact your solicitor and therapist who should be able to help.

Prenuptial Agreements

Sun, 09 Apr 2023 18:23:45 GMT

Clarity and Certainty

Marriage is a beautiful union between two individuals, but it is also a legally binding agreement that involves financial responsibilities and obligations. As much as we would like to believe that love conquers all, the reality is that almost half of all marriages end in divorce. In England, getting a prenuptial agreement can be a wise decision for several reasons.

A prenuptial agreement is a legal contract that is signed before a marriage. It sets out how assets, property, and finances will be divided if the couple decides to divorce. In England, prenuptial agreements are not yet legally binding, but they are increasingly being taken into account by judges when making financial orders. Therefore, it is important to have a prenuptial agreement that is fair and reasonable.

Here are some reasons why getting a prenuptial agreement in England can be a good idea:

Protecting Your Assets:

If you have significant assets, such as property, investments, or a business, a prenuptial agreement can protect them in case of a divorce. The agreement can outline how your assets will be divided, and it can prevent your partner from making a claim on them.

Clarity and Certainty:

A prenuptial agreement can provide clarity and certainty about financial matters in case of a divorce. It can outline how much maintenance will be paid, how the couple's property will be divided, and any other financial arrangements. This can reduce the uncertainty and potential conflict in a divorce.

Saving Time and Money:

A prenuptial agreement can save both time and money in case of a divorce. Without an agreement, divorcing couples often spend a lot of time and money fighting over financial matters. With a prenuptial agreement, these matters are already agreed upon, making the divorce process quicker and less expensive.

Protecting Children from Previous Relationships:

If you have children from a previous relationship, a prenuptial agreement can protect their inheritance. The agreement can ensure that your assets are passed down to your children rather than being divided between your current partner and your children.

Avoiding Arguments:

A prenuptial agreement can avoid arguments about money during the marriage. The agreement sets out clear financial arrangements, reducing the potential for misunderstandings and disagreements.

In conclusion, getting a prenuptial agreement in England can be a wise decision for couples who want to protect their assets, ensure financial certainty, and avoid potential conflicts in case of a divorce. While prenuptial agreements are not yet legally binding in England, they are increasingly being taken into account by judges when making financial orders. It is important to consult a legal professional when drafting a prenuptial agreement to ensure that it is fair, reasonable, and legally enforceable.

Talk to the experts at Wildcat Law today about our fixed fee service.

Things to Watch Out For When Writing Your Own Will!

looka_production_66063153 — Mon, 23 Jan 2023 15:22:11 GMT

Common Issues and Mistakes

Writing a Will looks so easy, yet a simple error can mean that a Will fails or is invalid. In this blog we will discuss some of the common issues we regularly see. Unfortunately all too often, an incorrectly drafted Will results in a contentious probate argument through the Courts. These are not only very expensive, costing in the tens of thousands of pounds typically, but also incredibly emotionally taxing at a time that beneficiaries are often struggling to come to terms with the loss of a loved one.

Issue 1: Wills need to be witnessed by two people (two independent witnesses). So many people draw up "Wills" that are not witnessed.

Issue 2: Unclear - You need to be very clear what you are leaving and to whom. Too many Wills fail because they fail to explain who needs to get what.

Issue 3: Marrying or entering into a Civil Partnership cancels any previous Will.

Issue 4: Capacity - Many people simply leave it too late to write a Will or write one where their capacity to do so is open to challenge.

Issue 5: Excluding children from the Will. If a Child is excluded from a Will this can be potentially challenged even where the Child is an adult and self sufficient.

Issue 6: Arguments between the surviving partner and children/other beneficiaries due to issues regarding the gifted estate in the Will. At times the surviving partner is left without sufficient assets to enjoy their lifestyle. Or conversely other beneficiaries are unable to access their inheritance due to an interest held by the surviving spouse.

Issue 7: Ignoring Inheritance Tax - Many beneficiaries are left having to pay a significant Inheritance Tax bill due to a lack of prior planning.

Wills form part of estate planning. They are an important part, but there are other elements such as:

Power of Attorneys (POA) for Financial Affairs and Health. Too many times we see one type of POA and not the other.

Inheritance Tax (IHT) planning. Correct planning can ensure that more of your money and assets go to your beneficiaries rather than to the taxman.

This is why we believe that Wills, POA's and IHT planning go hand in hand.

What is the difference between a Barrister and Solicitor?

Thu, 30 Jun 2022 14:22:02 GMT

And what is a Lawyer?

The legal industry is full of different titles, some of which are very old and others far more recent. To add to the confusion US legal dramas have introduced even more titles for us all to contend with! I am not a lawyer, but I run an SRA ABS (you see what I mean about confusing titles!) and I work with lots of different lawyers. In this article I will try to explain some of the different titles and what they commonly do in the English and Welsh legal system.

Lets start with Lawyer :

This is a generic term used to describe anyone who holds a legal qualification and works in law. It is more of an American term but it is increasingly used on forums and social media.

Attorney:

This is another American term that is not used in the English and Welsh legal system. Instead it can be confused with an Attorney appointed via a Power of Attorney (PoA). In this case the Attorney is simply someone appointed to act instead of the person who set up the PoA.

Barrister:

This is a title for an individual who traditional acted as an advocate in court for clients. These are the traditionally black and white gowned, wig wearing people standing up in court you see on TV. In reality most Barristers rarely wear full wig and gowns now except for specific areas of law.

Typically Barristers will specialise in specific areas of law and hence are often viewed as experts in their areas.

A Barrister may also be a Queens Counsel or QC for short. They do the same job but have been specifically appointed via a process.

Traditionally Barristers are self employed and work through a Chambers, although an increasing number are now employed (often described as In House). They usually charge a fixed fee for advocacy work or written opinions. The later being when a case requires an opinion regarding what the prospects of success are if it went to court, or how it might be argued.

Traditionally Barristers were only instructed via a Solicitor booking them through their Chambers. This has changed over recent years and barristers can now accept instructions directly from clients after receiving an additional license, without the need for a Solicitor. This is called Direct Access . In addition to allowing Barristers to take instructions directly from clients, they are also able to litigate – or write on behalf of clients, if they hold a further license.

Barristers are required to obtain a Practicing Certificate from the Bar Standards Board every year to be able to work as a Barrister. They must also hold insurance.

Solicitor:

This is a title for an individual who traditionally acted as a litigator for clients. That is they were ones responsible for writing and responding to legal letters on behalf of their clients, in addition to filing and responding to claims through Court.

Solicitors often practice in multiple legal areas and so could be described as GP’s to the Barrister’s Consultant. This is not always the case though and many Solicitors specialise in specific legal areas.

Traditionally Solicitors work through what was historically described as a Solicitors firm. In fact this is correctly described as an SRA regulated body, of which an ABS like ours is one. Unlike Barristers, Solicitors are more typically employed.

Historically Solicitors would book a Barrister for a court hearing to represent the client, however many Solicitors now have additional rights to represent clients in court themselves. Sometimes these types of Solicitors are described as Solicitor Advocates .

Solicitors are required to obtain a Practicing Certificate from the SRA every year to be able to work as a Solicitor. They must also hold insurance.

CILEx Lawyer:

Or Chartered Institute of Legal Executives Lawyer to use their full title. CILEx Lawyers are typically litigators who have qualified using an alternative route to Solicitors. They usually do the same sort of work as Solicitors. Like Solicitors, some also hold additional rights to represent clients in court. Whilst there are fewer CILEx Lawyers than Barristers or Solicitors they are a growing group of Lawyers in England and Wales.

CILEx Lawyers are required to obtain a Practicing Certificate from the SRA every year to be able to practice. They must also hold insurance.

Paralegal:

Are typically support staff but some will manage certain types of simpler matters. Paralegals do not require legal qualifications but in practice many have Law Degrees and even the academic qualifications required to be a Barrister or Solicitor. Paralegals often perform many of the administrative tasks of a Solicitor or CILEx Lawyer, however they are not able to perform restricted activities.

Mckenzie Friend:

Is an individual who helps clients with legal issues but is not a lawyer. Mckenzie friends are not recognised lawyers and may not have any legal qualification. They are typically employed to assist a client who is representing themselves. Whilst they are not able to litigate (ie correspond on the clients behalf), they can assist clients in writing the letters themselves. Likewise, unless specifically given permission by a Judge, they are not usually able to represent a client in Court.

Hopefully this has helped you to understand the different types of Lawyer and what they do. For hundreds of years there was a clear divide between Advocates (Barristers) and Litigators (Solicitors) more recently that divide has been blurred with both being able to do the others traditional activities, albeit with additional training. CILEx offers an interesting third way, and produces lawyers that are as capable as either of the other.

Still don't know what type of lawyer you need? Do not worry, we offer a range of lawyers and can ensure that you have the right lawyer or lawyers for your matter.

Pre-Nuptial Agreements- are they really worth it?

Wed, 25 May 2022 16:58:15 GMT

And yes they are a thing!

Pre-Nuptial Agreements, often shortened to Prenups, record the ownership of assets and how they are to be divided (or instead, retained) between the parties, if the marriage broke down. Although they are not automatically legally binding (which means the Court does not have to fully rely on it when deciding the share of assets and finances on divorce), we are seeing the Courts taking a more favourable approach towards these agreements. Pre-Nuptial Agreements have been misconceived as only being appropriate for the wealthy, or where one party has significantly more assets than the other. However, fast forward to 2022- a ‘post pandemic’ era…

· 2.5 million marriages are predicted in 2022- more than any since 1984;

· There is an increase in couples enquiring about divorce since the pandemic;

· The introduction of ‘no fault divorce’ is likely to create an increase in divorce petitions and tension between couples;

· We can see in the media that disputes between couples are not uncommon, revolve mainly around money, and simply lead to a great deal of distress, time and costs;

· The main reasons for divorce are communication and finances;

· Unfortunately, divorce seems to be the ‘next trend’ that we are likely to see;

· Couples are tying the knot later in life- meaning they are more likely to have assets acquired separately, pre-marriage or even relationship, which they want to retain;

· Couples may not want their assets to automatically become ‘marital assets’ on marriage, where those assets are treated initially, as being shared;

· Individuals are becoming more entrepreneurial, resulting in potential future profits they wish to protect and retain;

· Conversely, such business interests may not be successful, resulting in potential debt that the other will not want to be held liable for;

· More individuals are getting married with children from a previous marriage/relationship;

· Individuals are seeking more certainty and peace of mind regarding financial consequences upon relationship breakdown;

· Court proceedings to deal with finance between couples, on divorce are longer than ever due to court timetables. This adds to the costs, distress and delays in reaching a ‘clean break’, and closure for the couple;

· Attempting to reach agreement on the split of finances following divorce reduces the amount available in the ‘pot’ to be shared as a result of legal fees.

All of these trends point towards one sensible solution; having a Pre-Nuptial Agreement in place.

At Wildcat Law we understand how daunting it may be for a couple to discuss potential divorce even before they have exchanged vows, their assets and intentions with those assets. We offer a bespoke service, where we take a personal but pragmatic approach to providing solutions for potential future events in the most amicable, stress free and cost effective way. We don’t just provide you with a document to sign; we also advise you before and during its production, and most importantly, after. We ensure our advice and drafting will give the agreement the best chance of the Court choosing to rely on it.

Speak to us about our fixed fee service that includes a 30 minute conference and a bespoke draft agreement - so you have certainty from the very beginning.

If you are thinking “but what if my intentions regarding my assets, change after marriage, or I obtain further assets I wish to protect?” Or you wish to retain those assets that automatically become ‘marital’ assets following marriage? We advise that a Post-Nuptial Agreement is put in place following marriage if this is to be the case, which we can also assist with.

Please contact us if you are interested in considering a Pre or Post Nuptial Agreement, or if you would like to find out more.

Consultant Solicitor - Self Employed Solicitor - Happy Solicitor!

Fri, 20 Aug 2021 20:36:37 GMT

Yes you can have your cake and eat it - You can have a work life balance!

As more and more companies push their staff back into offices we are receiving more and more calls from lawyers asking about how to break free of the grind. The common story is a push for increased fee production but no equivalent increase in pay.

The good news is there is an alternative!

You don't have to be stuck in the rut, working harder and harder every year just to stay still.

Call it consultancy, or self employed practice we call it an opportunity for a better life. For you, your family, those who you want to spend precious time with, after all life is too short to waste on long crowded commutes to the office or to a work place where your only reward is to receive the same level of pay no matter how hard you work.

We believe that you should be directly rewarded from how hard you work. We believe that you shouldn't have to beg for time off because your children are in the school play or at a sports day or because you have to care for a relative who needs you.

We want to work with like minded lawyers of all qualifications, to enable you to achieve what you want to achieve in law and life.

We offer bespoke support tailored to you. You will have a personal coach to help you transition and to help you increase your client bank.

We will help you with training and development as well as supervision where and when you need it.

We will help you with some of the best IT solutions to stream line your time and ensure you can spend it where it matters.

And you?

You will be able to develop your career in tandem with your home life.

You will be able to speak to and meet, lawyers on similar journeys.

You won't be alone.

If this sounds like something you would like to be part of why not contact Wildcat Law for a confidential chat. We can promise to give you honest opinions without a hard sell.

Barrister led law firm

Tue, 20 Jul 2021 12:57:40 GMT

Who are we and what do we do?

Wildcat Law has been 20 years in the making! It came about because our founders believe that access to legal help in England is often overly complex and does not provide the best service to clients.

Wildcat Law was founded to offer a modern legal service, we are not a traditional High Street or City Law Firm.

Unlike most law firms in England and Wales we offer both Solicitors and Barristers in one firm. We also have a Chartered Wealth Manager to ensure that we are able to deal with the most complex legal matters that include financial arrangements for high net worth and business clients. We also offer cross border specialists for France, Monaco, Nigeria and South Africa. Many firms have to go to external contacts for this, we are able to provide it all in one place.

At Wildcat Law we believe in making the complex simple. Which means for our clients a point of contact who will speak in plain English and manage your legal matter from start to finish.

Our Partners all share the same values but come from a range of backgrounds.

Top service- flexible arrangements that work around you.

Our lawyers can offer out of hours meetings and embrace the full use of technology, with use of video and telephone meetings. Meaning that you aren't tied to travelling to an office miles away from where you live or work.

For clients that need a face to face service we can offer a range of venues to suit.

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Family Finance Proceedings in England: Steps, Timescales, and Why Expert Legal Support Matters

Dividing finances during divorce is often one of the most complex and emotionally demanding aspects of the process.

If you are at the start of a divorce, or considering one, it’s important to understand:

What Are Family Finance Proceedings?

Key Steps in Family Finance Proceedings

1. Initial Disclosure and Financial Information Gathering

2. Negotiation and Attempts to Settle

3. Issuing Financial Proceedings (if no agreement)

4. First Appointment (FDA – First Directions Appointment)

5. Financial Dispute Resolution Hearing (FDR)

6. Final Hearing (Trial)

Typical Overall Timescale

Why You Need Both a Solicitor and a Barrister

The Role of a Solicitor

The Role of a Barrister

Risks of Acting as a Litigant in Person

The Limitations of McKenzie Friends

Common Pitfalls in Family Finance Cases

Final Thoughts

Broken Trust: Your Home, Trusts, The Taxman and Care Home Fees

If it seems too good to be true, then it's probably someone making a lot of money at your expense!

Buying a House with Cash in England: A Step-by-Step Guide (Wildcat Law Explained)

Buying a property with cash can be a smart, swift, and stress-free way to secure your dream home — but only if you understand the process and have the right legal support.

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At Wildcat Law, we specialise in helping clients navigate every stage of the cash purchase process, ensuring your investment is protected and the transaction runs smoothly.

1. Why Cash Purchases Are So Powerful

2. Step-by-Step Cash Purchase Process in England

Step 1: Preparing Your Finances

Step 2: Making an Offer

Step 3: Instructing a Conveyancer (Wildcat Law)

Step 4: Property Checks and Searches

Step 5: Exchange and Completion

3. Advantages of Buying with Cash

4. Risks to Watch Out For

5. How Wildcat Law Helps Cash Buyers

6. Final Thoughts

7. Call to Action (CTA)

Case Study: Education and Immigration Advice for NATO-Posted Family’s University-Bound Child

Supporting NATO Families in England and Wales

�� Context

�� Our Legal Strategy

1. Recognition of ESO as Equivalent to GCSE

2. Application for Home Fee Status Under Regulation 4

�� Turning a Setback into a Long-Term Solution

�� Outcome

�� Value Delivered

�� We Support Students with Complex International Circumstances

Jersey’s Innovative Approach to Trust Consolidation Through Single Transaction Legislation

Flexibility in facilitating the consolidation of charitable trusts

How to write a Will

And why you should think about using a law firm!

New Eastleigh Office

Providing Barrister led legal services to Winchester and South Hampshire!

Surrogacy in England and Wales

How does surrogacy work in England?

The Law and Surrogacy

Registering the birth

How to Buy a Business in England and Wales: A Quick Guide

Common Questions Answered.

Breach of Contract

Guiding you through the Law in England and Wales

Intestacy - What happens when a person dies without a Will?

Administering an estate where there is no Will.

Ten Tips to Successfully Move to Become Self-Employed as a Solicitor

Leaving an employed job is one of the most difficult moves you will ever make but it can be the best decision you ever make.

Divorcing a narcissist? Here’s what you need to know.

Prenuptial Agreements

Clarity and Certainty

Things to Watch Out For When Writing Your Own Will!

Common Issues and Mistakes

What is the difference between a Barrister and Solicitor?

And what is a Lawyer?

Pre-Nuptial Agreements- are they really worth it?

And yes they are a thing!

Consultant Solicitor - Self Employed Solicitor - Happy Solicitor!

Yes you can have your cake and eat it - You can have a work life balance!

Barrister led law firm

Who are we and what do we do?