Insight Article Archives

Artificial intelligence will be challenged

Posted on May 11, 2023 - 6:27 am by Penny Dewar

Artificial intelligence, or AI, has been hogging the headlines recently. Students pass exams using ChatGPT; a photographer won an international competition with an AI-generated image.[1] And with the coming of age of generative artificial intelligence, 75% of companies say they will be adopting some form of it, according to the latest research from the World Economic Forum.

But as sure as night follows day, claimants will challenge the march of the bots in the courts.

Streaming platforms last month removed a song that used AI interpretation of real-life performers Drake and The Weeknd. The song went viral, but shortly afterwards, the creator, known as @ghostwriter, said that AI trained on the artists’ voices made the song Heart On My Sleeve. As a result, streaming platforms, including Spotify and Apple Music, swiftly removed the song on copyright grounds.

Over recent months, global music publisher Universal Music Group has demanded that platforms take down any AI-generated songs. They have requested platforms to cut off access to their music catalogue to stop developers from using Universal’s songs to train AI technology.

Getty Images has taken legal action against one of the emerging text-to-image AI software companies. Users enter instructions for an image to be created by the software, and Getty is arguing that millions of its images have been used to train the AI, so infringing Getty’s copyright.

Unlike Getty, the image library Shutterstock is actively embracing AI. It has chosen to partner with developers for AI learning. In addition, it offers customers access to AI-generated images on its platform, saying this offers greater confidence as it provides a user licence for such images.

Victoria Holland, head of corporate and commercial at RIAA Barker Gillette, said:

“Whether the Getty case or the @ghostwriter AI-created song prove to be a breach of copyright is yet to be decided, but for now the law is racing to catch up with technology,

One of the promises of generative artificial intelligence is to provide creative output for even the most un-creative, but for now, it may equally be a doorway into a quagmire of legal complication. It’s not just the copyright issue that users must consider; they must also recognise that the output from generative AI can be factually incorrect or fabricated.

The quality of the training data and how a user frames a request can create very different results.

In one instance, a regional mayor in Australia was said by ChatGPT to have been involved in fraudulent activity, when he had actually been the whistleblower in the case and it was reported that he was considering a defamation claim against developer OpenAI.

Victoria added:

“The jury is out on the bigger picture of whether AI is a glorious opportunity or an existential threat to society. We’ve seen Elon Musk speak out against its wholesale adoption. Geoffrey Hinton, the so-called godfather of AI, resigned from Google, saying he now regretted his work.

For now, companies and individuals may be well advised to keep a tight rein on their creative use of artificial intelligence.”

Call Victoria Holland today if you have any queries regarding artificial intelligence.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

[1] Boris Eldagsen submitted an AI-generated image titled ‘Pseudomnesia: The Electrician’ to the Sony World Photography Awards 2023. As a result, he won first prize in the creative, open category, later declaring his action and refusing the award.

Articles of association and shareholders’ agreements explained

Posted on April 30, 2023 - 12:46 pm by Penny Dewar

A company’s articles of association (otherwise known as ‘Articles’) set the governance rules and procedures the company, its directors and shareholders must follow. Articles are mandatory under the Companies Act 2006 – all companies incorporated in England and Wales must have them.

Companies with more than one shareholder often enter into a shareholders’ agreement to establish further constitutional rules. This article examines the roles of Articles and shareholders’ agreements, their differences, and the reasons each business might consider having both in place.

What are Articles?

Articles are constitutional documents of a company which need to be filed and are open to inspection at Companies House. Company law prescribes certain forms for Articles, called “model articles”. A company can amend the model articles to suit its needs.

Articles set out the company’s essential management and administrative structure. They prescribe the rights attaching to its shares (including voting, dividend and capital distribution rights). And they regulate the company’s internal affairs, such as how shares can be issued, transferred or bought back; procedures for board and shareholder meetings; and the powers and duties of directors and how they may be appointed and terminated.

What is a shareholders’ agreement?

A shareholders’ agreement is a contract between a company’s shareholders and, often, the company. Like the Articles, this agreement seeks to regulate the company’s and its shareholders’ conduct by setting out their respective rights and responsibilities, but usually within the broader context of establishing a fair relationship between them and preventing potential shareholder disputes. However, unlike Articles, shareholders’ agreements are not mandatory. Importantly, they are private between their parties and not filed at Companies House.

Typical shareholders’ agreement provisions include:

the protection of minority and majority shareholders;
dispute resolution mechanisms;
the extent to which shareholders may have other business interests besides the company;
the decision-making power of shareholders and directors;
when it may be compulsory for shareholders to transfer shares; and
post-shareholding restrictions for shareholders.

What are the differences between Articles and shareholders’ agreements?

The main difference between shareholders’ agreements and Articles is that while Articles are publicly available at Companies House, shareholders’ agreements are private between the parties, and so their provisions remain confidential.

Shareholders’ agreements apply only to those shareholders who are party to it (original parties or by entering into a deed of adherence). In contrast, the Articles apply to the company and all its shareholders and directors.

Why might a business consider having both Articles and a shareholders’ agreement?

The decision as to whether a company needs a shareholders’ agreement in addition to Articles often hinges on the confidential nature of the rules it wishes to implement and whether any information likely to be included is commercially sensitive.

What if there’s a breach?

A shareholders’ agreement is a contract between shareholders. One party’s breach of its terms enables the other parties to sue the defaulting party for damages. They can also apply to the court for an injunction to prevent or limit a breach.

On the other hand, a breach of the Articles may result in the action or decision made in breach of the Articles being void or invalid.

Shareholders deciding whether to include provisions in Articles or a shareholders’ agreement should therefore consider whether and in what circumstances a claim in damages, or an injunctive relief, is as valuable as the potential remedy of having the breaching action declared void or invalid.

How can we help?

It can be challenging to navigate the requirements of company law and to determine whether it might be appropriate to put more complex governance provisions in place and when.

RIAA Barker Gillette’s experienced corporate and commercial team can help you tackle these issues and advise how best to reflect your goals and intentions in your company’s constitutional documents.

Speak to corporate solicitor Evangelos Kyveris today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

When is a gift of the family home, not a gift?

Posted on April 27, 2023 - 9:41 am by Penny Dewar

Photo by Tierra Mallorca on Unsplash

The family home is often one of the most valuable assets in an estate. For a parent, gifting the family home to their child during their life seems like an easy decision: “if I do not own my home at death, I will not be taxed on it.” Unfortunately, HMRC knows the family home is often one of the most valuable assets, and it follows that the rules for gifting the home are complex.

This article explores some Inheritance Tax consequences of gifting the family home. However, it does not cover all of the potential tax consequences which can arise, so it’s worth checking your unique position with a qualified solicitor.

What is Inheritance Tax?

Inheritance Tax (IHT) is a tax payable on the value of your estate. Everything you own makes up your estate – money in bank accounts, investments, personal possessions, and, of course, the family home. It also includes the value of any gifts made within the last seven years.

If the value of your estate is above the current IHT threshold of £325,000 (the Nil Rate Band), then your estate may be subject to IHT. The current rate of IHT is 40% on any amount above the Nil Rate Band. While this tax is usually due at death, there are some circumstances when HMRC can charge IHT during your life.

Gifts subject to tax

When a parent gifts their child all or part of their home, the gift is considered a “potentially exempt transfer” (PET). It is only potentially exempt because if the parent dies within seven years of making the gift, the value of the gift is added back into the estate for IHT purposes. The amount of tax that is due on the gift depends on two things:

the value of the gift; and
how soon after making the gift did the parent die (Taper Relief)?

This ‘seven-year rule’ is the rule that most people rely upon when making a gift.

When a gift of the family home is not a gift

Suppose a mother gifts her property to her daughter but continues to live in the property; the mother has reserved the benefit of living in the property rent-free. In that case, the gift is called a ‘gift with reservation of benefit’ (GROB). If a gift is a GROB, it is not a PET. Therefore, the property’s value remains in the mother’s estate for IHT purposes – even if she dies seven years or more after making the gift.

Because the mother retains a benefit from the property, HMRC does not consider it a genuine gift. So, while the daughter owns the property on paper, HMRC believes it belongs to the mother for IHT purposes. However, there is one exemption from the GROB rule, where the child resides in the property with the parent as their principal residence.

Benefit from Residence Nil Rate Band

It’s always worth considering whether you need to make a gift of the family home. The family home is linked to a valuable IHT relief – the Residence Nil Rate Band (RNRB).

Currently, RNRB relief stands at £175,000. The relief is only available in some estates. For an estate to be eligible, the estate must:

have a property that the deceased has lived in during their lifetime;
which passed to a lineal descendant (child or grandchild);
the estate’s total value is less than £2,000,000. The relief is tapered if the estate exceeds £2,000,000.

You can only take advantage of this relief if you have a property in your estate.

How to make a GROB a PET

The rules around GROBs are complex. Many factors can affect whether a gift is considered a GROB.

As you can appreciate, it isn’t straightforward. If you are considering making a gift of the family home and want to avoid the risk of it being considered a GROB, contact us today for some estate planning advice.
Similarly, suppose you’ve already made a gift of the family home and are concerned that it may be a GROB. In that case, we can help you to understand the IHT implications and your options moving forward.

Contact private client solicitor James McMullan today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Get your skates on to get moving

Posted on March 21, 2023 - 9:18 am by Penny Dewar

Property transaction delays. Picture of a couple finally moving house.

Photo by HiveBoxx on Unsplash

Following the dramatic 30% fall in sales agreed in the aftermath of last year’s mini-budget (when mortgage rates soared), there were concerns that double-figure inflation and the cost-of-living crisis would put a permanent dampener on the property market. Whilst mortgage interest rates remain higher than in recent years, the fears of an overall slowdown look mistaken. The latest figures from Rightmove show that the number of sales agreed is up and just 11% down from 2019.

While markets may be calmer, the time between putting a property on the market and moving home has been vastly extended. Both buyers and sellers are experiencing significant property transaction delays. The time taken to achieve a sale rose by 50% to 65 days compared to a year ago. The time to exchange is up 5% to 139 days, according to property data specialists TwentyEA.

Why the delays?

Backlogs

The slowdown is due to several factors. From 2020 to 2022, the market has had to contend with a massive backlog arising from the pandemic while also experiencing a considerable surge due to the stamp duty holiday that reduced moving costs.

According to Rightmove, 44% more homes were sold subject to contract in June 2022 than in 2019.

Increased numbers

An increase in property transactions strains conveyancing departments. This strain is compounded by the fact that many different law firms are often involved in a single property chain. A chain can only move as fast as the slowest party. Instructing an experienced, knowledgeable, and efficient conveyancer can reduce property transaction delays by days, if not weeks.

At RIAA Barker Gillette, we can often effect a successful exchange of both a sale and purchase within 90 days of receiving instructions. This timescale is far below the national average, as referenced above.

Compliance

Even before commencing substantive conveyancing work, there is an ever-increasing amount of Client Due Diligence (“CDD”) to contend with. Compliance with current Anti Money Laundering regulations (“AML”) involves conveyancers spending a significant amount of time checking clients’ sources of wealth and funds and verifying at least two forms of ID (often with the assistance of electronic verification software). Therefore, clients must prepare their documentation in advance so that there are few, if any, queries a conveyancer would need to raise before concluding compliance obligations with a risk assessment so that they can begin substantive work on a transaction.

Local searches

Whenever a property is for sale, the buyer will have a ‘local search’ carried out to check there are no planning restrictions that could impact the property’s value. However, record numbers of search requests have put extra demands on the process. Many local authorities can take up to a month to handle search requests.

Mortgages

Similarly, mortgage lenders are under pressure. The time taken to secure a formal offer can now typically take up to six weeks.

For sellers, preparation includes checking the location of any relevant deeds and conveyancing documents from
the original purchase. While the Land Registry holds most properties as an electronic entry, old deeds may contain detailed information outside the Land Registry records. Any property that has stayed in the same hands for many years may need digital registration, which requires the original deeds.

Other paperwork

Other critical paperwork covers property modifications requiring planning permission or building regulations consent. Here, certificates will be required to show these aspects have been followed and satisfied.

For leasehold properties, leaseholders must supply documentation for any works requiring approval by the freeholder.

And any electrical or gas work will need a certificate to show that the work has been carried out following applicable regulations by a suitably qualified technician.

Similarly, new oil boilers or oil tank installations should have an OFTEC certificate, and new windows should have a FENSA certificate.

Tenure

The nature of the property for sale may also impact the duration of the transaction. Many leasehold properties are now subject to the provisions of the new Building Safety Act 2022. The Act requires additional documentation from both the current leaseholder and the freeholder in addition to the ‘standard’ block management package, which a seller must supply to the buyer. Getting in touch with the relevant parties at the outset can avoid a leasehold sale becoming unnecessarily protracted.

How to avoid property transaction delays

Crucially, you should instruct a conveyancer as early as possible. Under the Law Society’s Conveyancing Quality Scheme Protocol, sellers must supply buyers with completed protocol forms, more commonly the:

TA6 – Property Information Form
TA7 – Leasehold Information Form
TA10 Fittings and Contents Form

Completing these forms and locating any ancillary documents can be time-consuming and “front-loaded”. A head start on this process, facilitated by a fully qualified conveyancer, can reduce the transaction time and allow all parties to progress the transaction quickly and smoothly.

Sellers wishing to be race-ready before putting their property on the market will ensure their solicitor has examined the title, lined up the paperwork, and anticipated and dealt with any problems in advance. It’s a tactic that avoids property transaction delays later and means sellers are ready to act when the right buyer comes along.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Can a lease extension remove burdensome ground rent charges?

Posted on February 28, 2023 - 9:35 am by Penny Dewar

Photo by Cytonn Photography on Unsplash

With a few exceptions, landlords who grant new residential long leases for a premium after the enforcement of this Act may now only charge the leaseholder a peppercorn rent. A peppercorn rent is effectively a nil-rated annual rental payment.

However, while the 2022 Act went some way to abolish annual ground rents going forwards, it is not retrospective. As such, ground rent payments charged under long leases granted before 30 June 2022 do not benefit from this effect and remain in place. Many may be significant, rising at regular intervals throughout their lease term.

A possible solution

While the Levelling Up, Housing and Communities Secretary, Michael Gove MP, recently declared a desire to further reform the UK leasehold system in an attempt to ensure that “if you buy a flat, it should be yours“, many leasehold owners continue to be affected by potentially escalating ground rents, in addition to increasing service charges.

In a time of economic pressure, those still paying ground rent may be considering their options to avoid this financial burden. Of course, you could go “cap in hand” to your landlord to negotiate away any ground rent payments. However, a landlord does not have to negotiate with you.

Until the government introduces further changes, lease extensions offer existing leaseholders the only real opportunity to compel a landlord to give up their ground rents. But how?

How a lease extension can remove ground rent charges

Under section 56 of the Leasehold Reform, Housing and Urban Development Act 1993, all qualifying tenants of a leasehold property have the right to claim a new lease “at a peppercorn rent for a term expiring 90 years after the term date of the existing lease,” often described as a lease extension.

To qualify (subject to a few exceptions), you must have owned your lease for at least two years. In addition, the lease must have originally been granted for more than 21 years at a low ground rent.

Accordingly, provided an existing long lease owner qualifies under the 1993 Act, the landlord must grant a new lease for a peppercorn rent, removing any ground rent payment charge, whether minimal or increasingly onerous, albeit at a premium.

The 2022 Act also applies to non-statutory, “voluntary” lease extensions of existing long residential leases. In most cases, where existing leaseholders elect to extend their lease voluntarily through negotiations, the new term of the lease may now only be subject to a charge of a peppercorn ground rent. However, this only applies to the period extended beyond the date the original term was due to expire. As a result, you must continue paying ground rent until your current lease term expires.

As explained above, all leaseholders may seek a voluntary lease extension from their landlord. However, if you follow this route, there is no guarantee the landlord will agree to it, as they are not obligated to do so.

Why you may still be paying ground rent

Lease extensions will invariably increase the value of the lease and the marketability of the property. Most lenders have specific requirements for the minimum length of years they are prepared to accept. Historically, lessees primarily sought lease extensions to increase the length of the existing term of their lease. However, removing ground rent charges is fuelling leaseholders to apply for a lease extension.

Many leaseholders are seeking lease extensions sooner rather than later to avoid paying years of ground rent and a higher premium, despite having many years left on their lease.

Contact Stuart Jacobs from our leasehold enfranchisement team today to see if you qualify for a lease extension. Stuart can assess the pros and cons of the statutory route versus the voluntary lease extension option.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Prenuptial agreements; have you got yours?

Posted on January 31, 2023 - 2:51 pm by Penny Dewar

While a prenuptial agreement can be difficult to discuss with your partner, and one may seem unromantic to factor into your wedding plans, it’s essential to understand their benefits and to discuss them openly and honestly with your partner.

This article will explore the advantages of having a prenuptial agreement, who should consider one, and how to get one.

What is a prenuptial agreement?

A prenuptial agreement, or ‘prenup’ for short, is an essential legal document that couples should consider when getting married. A prenup is an agreement between a couple that details how their assets and liabilities will be divided if they divorce. It can also outline the rights and responsibilities of each party during the marriage if they wish.

The advantages of having a prenuptial agreement

A prenup does several things for a couple considering marriage. First, it helps protect both parties’ assets in case of a divorce. The prenup helps to ensure that the couple’s assets are divided fairly.

Another benefit of having a prenuptial agreement is that it can help reduce the stress and conflict that can arise during a divorce. Having a prenup in place lets both parties know exactly what to expect if their marriage does not work out. This can reduce the time and money the couple would spend in court and make a divorce smoother for all involved.

A prenup can help to protect a partner’s assets, such as business interests, inheritances, and investments. This can be particularly beneficial if one partner has accumulated significant wealth before the marriage.

How to get a prenuptial agreement

In the UK, no procedures make a prenuptial agreement automatically legally binding. However, they are still relied on in court. They can be upheld in divorce proceedings if the below criteria are met:

Both parties have received legal advice, and the agreement meets their needs.
The prenuptial agreement must be fair, contractually valid, understood by both parties and made at least 28 days before the wedding.
Children should not be prejudiced.

How to discuss a prenup with your partner

Discussing a prenup with your partner can be a complex and sensitive subject. It’s essential to approach the subject openly and respect each other’s opinions. Be honest with your partner about why you think a prenup is necessary. Explain that both parties have certain rights and responsibilities and that a prenuptial agreement can help protect those in the event of a divorce.

Finally, it’s important to be open to negotiation. Both parties should be willing to compromise to come to an agreement that is fair for both parties. The agreement being fair is a condition for it to become legally binding.

Contact family solicitor Pippa Marshall today to find out more.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Protect SMEs from corporate criminal liability

Posted on December 8, 2022 - 5:20 pm by Penny Dewar

Earlier this year, the UK Law Commission reviewed corporate criminal liability law. Find out how proposed changes to the legislation could get your company into a pickle!

It is easier to hold smaller companies accountable for wrongdoings than multi-million-dollar companies. However, the bigger a company gets, the harder it is to identify individuals responsible for criminal acts. The review aims to ensure fair treatment between organisations of different shapes and sizes. But will it achieve this?

The general rule for corporate criminal liability is the ‘identification doctrine’. Identification doctrine means that a company will generally only be held liable for the conduct of a person with the status and authority to constitute the company’s “directing mind and will”. In short, those persons with oversight and control of operations. So, for example, the directors of small businesses are likely to have oversight and control over all operations and therefore be the ones identifiable as the directing mind and will. In contrast, in large companies, the decision-making powers are diffused. Because of this, the UK Law Commission’s review is considering reforming the doctrine.

The Commission is also considering whether to introduce a new offence of “failure to prevent” certain criminal acts (e.g., fraud) by an employee or agent. By way of illustration, as things currently stand, a company employee could commit criminal acts to benefit the company. The company could escape liability by arguing that the employee in question is not ‘senior’ enough to be the directing mind and will. In this scenario, the company would benefit from the criminal act in question but escape liability. However, by introducing an offence of failing to prevent, companies will not escape liability unless they can demonstrate that they have established appropriate policies and procedures to prevent such criminal acts from being carried out in the company’s name.

The costs of introducing new procedures, policies, and training to ensure compliance with the Commission’s proposed changes may be high. Small businesses may need help to meet these, especially post-pandemic and especially considering recent economic forecasts. The key for any business is to understand the proposed changes and ensure that appropriate and proportionate measures are taken, considering the business’s sector, size and risk exposure.

Ensure you have the right policies and procedures in place to help protect your SME from corporate criminal liability. Contact corporate lawyer Evangelos Kyveris today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Divorce applications at ten-year high

Posted on December 2, 2022 - 2:32 pm by Penny Dewar

As a result of the new legislation, statistics released by the Ministry of Justice show divorce applications from April to June of this year were at a ten-year high, up 22% from the same quarter in 2021. So, why were so many couples holding out to file for divorce until after 6 April?

What is a no-fault divorce?

No-fault divorce allows couples to divorce without attributing blame to any one party. It intends to make the process less acrimonious and enable people to focus on other practical and emotional aspects of their separation, including reducing conflict for children.

How does no-fault divorce make the process easier?

The Act brought several long-awaited changes that made it easier for couples to end their marriage or civil partnership. It might explain the recent spike in divorce applications since the new rules came into force.

Grounds for divorce

Previously, divorcing couples had to show that their marriage had irretrievably broken down by establishing one of the ‘five grounds’ of divorce. These were adultery, unreasonable behaviour, desertion, living apart for at least two years with consent and living apart for at least five years without consent.

As the concept of fault has been removed from divorce proceedings, there is no longer a requirement to demonstrate the irretrievable breakdown of a marriage. Couples no longer have to cite one of the five grounds for divorce.

Divorce applications can no longer be contested

Under the old rules, one party could contest the divorce if they did not agree with the grounds. This could either delay or potentially prevent the divorce from being successful – thus forcing one party to stay married to the other against their wishes.

One of the most significant changes under the Act is that respondents can no longer contest divorce petitions except for reasons of jurisdiction.

Joint divorce applications

Under the Act, one single party is no longer required to initiate divorce proceedings. Instead, a couple can now make a joint application.

Updated terminology in the divorce process

The terms and wording previously used during the divorce process have been modernised. For example, the person applying for the divorce is now called the applicant rather than the petitioner. In addition, the decree nisi is now a conditional order, and the decree absolute is called the final order.

Despite these reforms, obtaining professional legal advice from a family lawyer (preferably a Resolution member) is essential. A solicitor will ensure that items, such as the financial settlement, are dealt with properly at the time of divorce.

Speak to family solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

What is a trust fund?

Posted on November 7, 2022 - 1:47 pm by Penny Dewar

A ‘settlor’ is a person who puts assets into a trust fund. The ‘trustees’ manage the trust’s assets on behalf of the ‘beneficiaries’ who will benefit from the assets. Different types of trusts are taxed differently, and HMRC has a guide to the different types.

Common reasons for setting up a trust include when someone cannot manage the assets themselves because they are too young or may have become incapacitated. A trust fund can also protect a family’s assets or pass on assets before or after death, allowing the settlor to set out how they wish the assets in the trust to be used or distributed. Everyday situations may be to provide for a spouse after death while protecting the interests of any children or to manage succession planning in a family business.

They are beneficial when planning how money and assets should pass from generation to generation, especially when family structures are complicated by divorces and second marriages.

The trustees are responsible for managing the trust, making investment decisions and paying taxes while fulfilling the objectives set out for the trust by the settlor.

Trust creation is a specialist area where professionals are generally needed to provide guidance and advice on the most appropriate route. Helpful reading on the topic is available at the Society of Trust & Estate Practitioners (STEP) and HMRC.

James McMullan is a member of STEP. So if you’re thinking about setting up a trust or need help managing one, why not call them today?

Note: This article is not legal advice; it provides information of general interest about current legal issues.

The changing landscape of divorce

Posted on September 12, 2022 - 5:31 am by Penny Dewar

Family solicitor at London law firm RIAA Barker Gillette, Pippa Marshall, explains how the landscape of divorce is evolving to meet modern demands and synchronise with how people want to end relationships.

The first thing most clients tell us is that they don’t want to go to court. The good news is that they don’t have to. Now, more than ever, lawyers are coming up with innovative ways to assist their clients in reaching an amicable financial settlement, particularly since the introduction of ‘no-fault‘ divorce in April of this year.

Kitchen table arguments are no longer spilling into lobbies of court buildings, and it is no longer the norm for the court to decide divorce settlements. It is still possible, however, for both parties to have their fair slice of cake.

Clients want their lawyers to have a human touch and guide them through negotiations and processes amicably and combine expertise with empathy.

Divorcing on an amicable footing will inevitably help clients’ mental health and maintain a peaceful relationship with their ex which is particularly important when they need to co-parent children moving forward.

We can help you navigate the landscape of divorce

Our family lawyers at RIAA Barker Gillette recognise this and have adopted several methods to help clients reach an agreement. Clients usually prefer to settle out of court, so we try our best to negotiate a settlement first. Arbitration and early evaluations of a couple’s finances by a neutral private judge are rising. Many mediators now qualify as psychotherapists to help people reach financial settlements with the benefit of therapeutic understanding. Divorce Coaches can help clients navigate their relationship through the legal process, and solicitors are starting to use methods to advise both the husband and wife and negotiate a settlement jointly where there are no conflict-of-interest issues.

To learn more about divorce’s changing landscape, speak to family solicitor Pippa Marshall today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Older posts

Newer posts

What are Articles?

What is a shareholders’ agreement?

What are the differences between Articles and shareholders’ agreements?

Why might a business consider having both Articles and a shareholders’ agreement?

What if there’s a breach?

How can we help?

What is Inheritance Tax?

Gifts subject to tax

When a gift of the family home is not a gift

Benefit from Residence Nil Rate Band

How to make a GROB a PET

Why the delays?

Backlogs

Increased numbers

Compliance

Local searches

Mortgages

Other paperwork

Tenure

How to avoid property transaction delays

A possible solution

How a lease extension can remove ground rent charges

Why you may still be paying ground rent

What is a prenuptial agreement?

The advantages of having a prenuptial agreement

How to get a prenuptial agreement

How to discuss a prenup with your partner

What is a no-fault divorce?

How does no-fault divorce make the process easier?

Grounds for divorce

Divorce applications can no longer be contested

Joint divorce applications

Updated terminology in the divorce process

We can help you navigate the landscape of divorce

Stay in touch

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