Frequently Asked Questions

FAQs

solicitor-advocate witney

It is very easy for Lawyers to forget that not everyone is a Lawyer! If you don’t understand don’t be embarrassed, just ask, and we will explain the jargon. Here are some of the terms and processes explained.

  • A Solicitor is a lawyer who gives legal advice and represents the clients in the courts. They deal with business matters, contracts, conveyancing, wills, inheritance, etc. So, they work with any legal matter as well as represent the clients in the Courts. However, they can only appear in the lower courts.

    Solicitors in England and Wales are represented by the Law Society of England and Wales (from which TLACORP is a member of its International Dept.). Solicitors from Scotland are represented by the Law Society of Scotland.

  • A Solicitor-Advocate: In England and Wales there is a split in the legal profession between barristers with a traditional focus on advocacy in the courts to settle disagreements, and solicitors who primarily engage with clients and, when a matter needs to go to court, will instruct a barrister.

    However, a solicitor-advocate takes a further qualification which allows them (like a barrister) to appear in all courts such as the High Court and Court of Appeal.

  • A lawyer is anyone who could give legal advice. So, this term encompasses Solicitors, Solicitor-Advocates, Barristers, Chartered Legal Executives and Paralegals.

  • A qualified lawyer equal to a solicitor but they have qualified through the ‘Chartered Institute of Legal Exectutives’ (CILEx) rather than The Law Society.

  • A Barrister is a lawyer who is specialised in representing clients in the Courts. They have an audience in all Courts. They usually specialise in one area of law. In the UK, Barristers are regulated by the Barrister’s Association of the same jurisdiction in which they are competent. Usually, Barristers are approached by the Solicitors, and are contracted by them, to give legal advice in the particular area in which they are a specialist when the case is brought to Court.

Types of Lawyer

  • Legal aid is available in some circumstances to help people meet the costs of legal advice, mediation and legal representation at Court.

  • Costs will vary from case to case and will depend on the complexity of a matter, and how quickly a resolution can be achieved. We will give a costs estimate at the beginning and revise this regularly if needed.

    Costs will increase significantly in the event Court applications are made, and will depend on whether it is necessary to proceed to the final Hearing for the Court to make a decision.

  • You will not always have to attend Court to resolve your legal matters. In an ideal world you will be able to reach an agreement through mediation or by negotiation through solicitors. If that is unsuccessful, you will need to apply to the Court to determine the issue for you.

  • When you attend court you will be accompanied by your legal representative. There will also be the other side and their legal representative as well as the Judge and their clerk. If you attend magistrates’ court, the magistrates will be assisted by a legal advisor who will be present during the hearing.

  • In the town centre near The Wyvern Theatre.

  • The nearest courts to Witney are in Oxford. The courts in Oxford are in the middle of the city centre near Christ Church and St Aldgates.

  • You can call 07887 726734 or message through social media.

  • It is difficult to access Legal Aid (we do not offer it) but there are organisations such as The Citizens Advice Bureau (CAB) who can help.

    We offer a free 30 minute appointment, in most cases. Some of our cases can be ‘no win no fee’ and we offer payment plans in some circumstances.

General FAQs

  • This will vary significantly from case to case, and will depend on the matrimonial asset base; we will advise you in relation to a fair division of the assets in your individual case, based upon the parties needs and the legal principles of compensation and sharing.

  • Parents are often encouraged to resolve child arrangements by agreement, and by focusing on what is in the best interests of their children. If an agreement cannot be reached between the parties, or at mediation, then an Application for a Child Arrangements Order can be made for the Court to determine who the children should live with, and how much time they should spend with each of their parents.

  • The amount of child maintenance that you pay is assessed based on the amount that you earn by the Child Maintenance Service. You can contact the Child Maintenance Service to recalculate your obligation.

    If there is a financial remedy Order in place that provides for you to pay spousal maintenance and you can no longer afford to meet the payments you would have to apply to the Court to vary the terms of the Order, if you cannot reach an agreement with your ex-spouse.

Family Law FAQs

Divorce and Separation

  • Yes. You can Judicially Separate which is a formal separation with a similar process to divorce, but parties will remain married. Judicial Separation is appropriate in certain circumstances, such as for religious reasons, if divorce would not be appropriate or in the parties’ interests.

  • All divorces are now on a no-fault basis and neither party needs to be blamed for the breakdown of the marriage, therefore there is no necessity to prove anything. There is only one ground for divorce and that is that the marriage has irretrievably broken down.

  • Under the no-fault divorce system, following the application being issued by the Court, there is a mandatory 20-week period before the Conditional Order can be applied for. Following the making of the Conditional Order, the Final Order of Divorce can be applied for after 6 weeks. Therefore, the process will take at least 26 weeks, but it is often longer, particularly if there are reasons to delay finalising the divorce, such as resolving financial matters.

  • £628.00

  • You may enter into a separation agreement. In doing so, you should consider the factors set out in s.25 Matrimonial Causes Act 1973. A separation agreement acts like a contract. Both parties need to give consideration and it should be fair. As parties remain married, both parties would need to understand the risks and also potential tax considerations depending on the agreement. It can be revisited upon divorce.

  • No. The divorce ends the legal marriage but it does not dismiss financial claims as a result of the marriage. If these are not dealt with then financial claims remain open in life and in death.

  • The starting point is equality. The Court takes into consideration the factors set out in s.25 Matrimonial Causes Act 1973. In considering those factors it may be appropriate to depart from equality. There will need to be consideration firstly as to what assets are matrimonial in nature and non-matrimonial in nature. The Court will also consider the needs of each party following divorce and how those needs can be met from both matrimonial and non-matrimonial property/assets.

  • When the Court considers financial remedy, they will also consider the income needs of each party on retirement and what each party’s pension provision is, and also their ability to accrue pension provision. The options available relating to pensions are:

    • Pension Sharing Order

    • Pension off-setting

    • Pension attachment/earmarking

  • Parental Responsibility is defined in s.3(1) Children Act 1989 as all rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the children and his property.

  • A birth mother automatically has Parental Responsibility.

    A biological father automatically has parental responsibility if they are married to the mother at the time of birth.

    A biological father who is unmarried to the mother but named on the child’s birth certificate will have parental responsibility.

    A second female parent automatically has parental responsibility if she is married to or in a civil partnership with the birth mother at the time of conception and birth.

    Parental Responsibility can be acquired in certain circumstances.

  • There is no requirement to record agreements, however some parents find it helpful to have something to refer to and may enter in to a parenting agreement.

    If both parties agree, arrangements can be recorded in a consent order and submitted to the Court. The Court will then ask for checks to be done against each party and consider the terms of the Order. The Court may approve it or ask the parties to attend Court for a short Hearing to confirm the arrangements and the reasons for it. There is a ‘no Order’ presumption, i.e. it is presumed that it is better for a child for the Court not to make an Order, therefore the Court will want to know why an Order is necessary and why it is considered to be in a child best interest in a situation where the parents have agreed the arrangements.

    Many parents now use a parenting App to assist with their arrangements.

  • The children’s welfare is paramount and the arrangements for the children have to be in their best interests. The Court takes into consideration the factors as set out in s.1(3) Children Act 1989.

  • This rather depends on the issues within the case and the information and evidence that the Court requires. There is no standard time frame. The Court can make urgent decisions more quickly and can also make interim Orders to ensure the welfare needs and safety needs of the children are met.

  • £270.

  • Maybe. To relocate either in the UK or internationally you will need to have the consent of each person with parental responsibility. If there is no agreement, then a Court application can be made. Whilst the Court takes into consideration the provisions within s1(3) Children Act 1989, the parent wanting to move will have to outline their reasons and proposals and also consider how it may impact upon the relationship between the child and the other parent.

  • If there is no Child Arrangements Order in place, a child cannot be taken out of England & Wales without the consent of everyone with Parental Responsibility. If this cannot be agreed, you can make an application to the Court for a Specific Issue Order. You will need to set out the details for the holiday. A parent should not unreasonably refuse a child going on holiday. Holidays are important for children and enable them not only to have fun and relax but also experience different cultures. Usually holidays are in the best interests of a child.

Children

  • Unmarried cohabiting couples do not have the same automatic legal or financial rights as married couples, regardless of how long they have lived together.

  • You may wish to enter into a Declaration of Trust and/or a Cohabitation Agreement. Those documents will set out the expectations in relation to each parties’ interest in the property, how an interest in a property may or may not be acquired, the obligations on each party in relation to payment of the mortgage or bills, and how the property should be dealt with in the event of a relationship breakdown.

  • You may wish to enter into a Declaration of Trust and a Cohabitation Agreement. Those documents will set out the expectations in relation to each parties’ interest in the property, how an interest in a property may or may not be acquired, the obligations on each party in relation to payment of the mortgage or bills, and how the property should be dealt with in the event of a relationship breakdown. You can set out specifically what happens if the property is sold or you separate. This is something that should be considered, particularly if the parties are not making an equal contribution to the deposit and/or mortgage repayments.

  • If an unmarried couple separates and there is no agreement in place as to what happens, there is no Declaration of Trust and/or Cohabitation Agreement, or there is a dispute about the terms of a Cohabitation Agreement and/or Declaration of Trust, proceedings can be complex and our Civil Litigation Team can assist you.

Unmarried couples

Pre-Nuptial and Post-Nuptial Agreements

  • A pre-nuptial agreement is an agreement that both parties enter into before they get married. The terms of a pre-nuptial agreement are flexible and should consider the factors set out in s25 Matrimonial Causes Act 1973 and also consider how each party is provided for in the event of separation. The agreement can set out what is and is not matrimonial property. There are a lot of requirements for a pre-nuptial agreement and they must be drafted carefully. A pre-nuptial agreement should be signed by both parties at least 30 days prior to the date of marriage, and both parties need to obtain their own independent legal advice.

  • A post-nuptial agreement is an agreement that both parties enter into after they get married. The terms of a post-nuptial agreement are flexible and should consider the factors set out in s25 Matrimonial Causes Act 1973 and also consider how each party is provided for in the event of separation. The agreement can set out what is and is not matrimonial property. There are a lot of requirements for a post-nuptial agreement and they must be drafted carefully, and both parties need to obtain their own independent legal advice.

  • A pre- or post-nuptial agreement is not binding upon the Court in the event of a dispute, and the Court has the power to make Orders that are contrary to the terms of the agreement. However, the Court will look to hold the parties to the agreement and implement the terms so far as possible, as long as this meets the needs of the parties.

  • Costs vary from case to case, and you will be provided with a tailored cost estimate once you have met with one of our team and provided them with details of the specific issues that you face. Unfortunately we do not offer Legal Aid and therefore our fees are on a privately paying basis. We set out cost estimates, and costs are reviewed at least every 6 months. Where appropriate, we will agree fixed fees. We are also happy to place a cap on the amount of fees we can incur.

    You may only wish to instruct us to do certain pieces of work for you. Again, our Family Law Team are happy to be instructed on that basis and can discuss this with you.

  • Our Family Law Team undertakes the majority of advocacy at Court Hearings in-house including at contested Court Hearings, which means for a lot of our client’s this avoids the instruction of a Barrister. In some circumstances, such as where there is a conflict in our diaries or it is more cost effective for you, we may suggest the instruction of a Barrister.

  • Yes. Our Family Law Team will travel out of area to represent you throughout your proceedings.

  • No. Our Family Law Team can advise you in relation to all issues relating to your family matter.

  • Our Family Law Team is just that, a Team. Whilst you have an appointed representative, we do discuss our cases within team meetings, and in the absence of your representative or if something is urgent, another member of the Team will be able to advise and assist you, this includes at Court Hearings.

General Questions

“Working with Asif and the team is a pleasure; they are knowledgable, experienced, trustworthy and have excellent attention to detail. They are able to deal with any aspect of legal work that I require - all at very good value for money. Delighted to continue working with them and happy to recommend. It is refreshing to work with someone who aligns their interests with mine, that responds quickly and cares.”
— Sanjay Badhan
Managing Director of Future Planning Wealth Management

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