Category Archive: Latest News

1. The Importance of a Financial Consent Order and Dealing with Divorce Finances

   January 25, 2024 9:10 am Leave a Comment

   With the new no-fault divorce laws, it is now easier than ever for parties to divorce. Applications for divorce have hit their highest level for over a decade, and lots of separating couples are opting to deal with divorce themselves via the online HMCTS divorce portal. The risk in this is that separating couples may not be seeking the legal advice that they once would have done when commencing divorce proceedings was less accessible. This, coupled with the misconception that divorce also deals with financial matters, means that an increasing number of separating couples may not have adequately dealt with ending the financial claims that they have against each other by virtue of their marriage.

   Financial claims remain ongoing until former spouses have put in place what is known as a ‘Consent   Order’, which records the financial settlement reached between parties. This is separate from a Decree Absolute or Final Order for divorce.

   If there is no financial order in place, this means that your ex-spouse could have a claim on your finances and assets years down the line. This could include but is not limited to, any capital, salary, pension, property owned or even lottery winnings. Therefore, in most cases we would always recommend getting a financial consent order to prevent any future claims by your ex-partner.

   Financial matters can be dealt with by way of Court proceedings; however, to attempt to keep matters amicable between parties, the first step is usually to attempt to reach a financial settlement on a voluntary basis without Court proceedings being initiated. The first option is for financial disclosure to be exchanged between parties on a voluntary basis. This consists of both parties getting together their full financial disclosure, so that they are both aware as to the full extent of the matrimonial finances. Either party can raise queries based on the disclosure that the other has provided in the hope that constructive negotiations can then take place to agree on a financial settlement, which would be recorded in a ‘Financial Consent Order’. Alternatively, parties can opt for mediation whereby disclosure is exchanged through a mediation service, and a third-party mediator will assist you both in reaching a financial settlement that is fair for both parties.

   Unfortunately, some matters cannot be dealt with in a voluntary manner, and this is where either party may wish to issue financial Court proceedings. Similar to the voluntary process, parties are both required to file their full financial disclosure with each other and the Court in the hope that a settlement can be agreed between the parties in the Court arena. The majority of Court cases end by way of agreement and it is indeed the expectation of the Court that parties will have constructive negotiations to reach a settlement agreed by both parties, rather than being imposed by the Court.

   The Court will always consider whether a clean break is possible for your situation, as there are some situations where it is not suitable. This is why it is important to seek legal advice before any proceedings take place to discuss your individual circumstances.

   It is important to be aware that divorcing couples can achieve a clean break from each other; however, it is not applicable to any arrangements in relation to your children.  

   If you would like to discuss any aspect of divorce finances or other related financial matters, or if you require any further information, please do not hesitate to contact our family department, who will be pleased to assist you. You can reach them by calling 01782652300.

2. Bereavement support payments now available for unmarried parents living together. The deadline is looming.

   January 10, 2024 3:32 pm Leave a Comment

   Losing a loved one is one of the hardest, most life-changing events that anyone can face. If that loved one was your partner and you were unmarried, then you were not previously entitled to any financial help from the state.

   However, a case heard by the Supreme Court has changed this. Now, if you are a parent claiming child benefit, then you can put in a claim to the Government for Bereavement Support Payments, which are backdated to August 2018. The Martin Lewis programme aired in December 2023, highlighting the fact that many people are unaware that they can submit a claim and potentially receive a payment. However, swift action should be taken as the deadline for claims is 8^th February 2024.

   To see if you are eligible, contact the bereavement payment claims online. The number can be found, alongside much more information, in this article from Martin Lewis himself. It costs nothing to make the claim, but you could potentially receive backdated payments that could be thousands of pounds.

   It is always worth considering your situation as an unmarried couple, and here at Tinsdills we can help. If you feel you need advice, then please do not hesitate to contact us by calling 01782 983943.

3. Acting for landowners – battery storage leases

   June 7, 2023 11:14 am Leave a Comment

   This post will cover the following aspects of battery storage leases:

   1. What is battery storage?
   2. What is required for battery storage?
   3. Legal process
   4. Option agreement
   5. Lease
   6. How we can help

   What is battery storage?

   Production of renewable energy such as solar and wind produced energy results in energy being produced intermittently and at differing levels, which can result in more energy than that which is required. Somewhere to store this energy is necessary so that it’s not lost. This storage can be achieved using battery storage developments.

   What is required for battery storage?

   An expanse of land, preferably near a grid connection. Landowners with suitable land may find themselves being contacted by developers interested in using their land for battery storage.

   Legal Process

   Developers will usually want to negotiate the use of the land via a commercial lease arrangement. However, prior to the completion of a lease, the developer will want to ensure that satisfactory planning permission can be obtained for its proposed use of the land. Therefore, they will often require the landowner to enter into an option agreement in respect of the land prior to completing a lease.

   Option Agreement

   This will provide the developer with various rights over and in respect of the land with a view to securing planning permission for the proposed use. These rights are likely to include the right for the developer to carry out site investigations etc. on the land. The option agreement will last for a fixed period, often extendable in certain circumstances when satisfactory planning permission has not been granted at the expiry of the initial option period.

   As a landowner, legal advice should be sought to ensure that the option agreement grants only the necessary rights over the land, exercisable in the appropriate manner. It should also grant that the option period and any circumstances where it can be extended are correct and acceptable, and that the agreement contains adequate provisions for the reinstatement of the land. This is in the event the developer does not exercise the option and the lease is not completed.

   It is often the case that the landowner is to receive a non-refundable option payment on completion

   of the option agreement and care must be taken to make sure this is provided for in the option agreement.

   Lease

   If the option is exercised, the landowner will be granting a lease of their land to the developer. This is for the use of the land for a battery storage project.

   The lease will often be a long-term lease (20+ years is not unusual) and it is critical that legal advice is sought to make sure that the agreed terms of the lease are correct and that the arrangement works for the landowner.

   In addition to the usual lease considerations for the landowner, they must also consider rental income, rights to be granted to the tenant, and the ability for the tenant to transfer and underlet the lease or terminate the lease. Also, due to the nature of the use of the land, care must be taken to ensure the lease includes adequate decommissioning provisions for when the tenant vacates the land in the future.

   Landowners should also be aware that if their land is mortgaged, their lender’s consent will be required to the terms of the option agreement and lease.

   How we can help

   We have experience acting on behalf of landowners in connection with the preparation, negotiation, and completion of option agreements and leases for these types of projects. We also have good working relationships with local land agents involved in negotiating the terms of the transaction.

4. Law Society Guidance on the Impact of Climate Change on Solicitors

   May 18, 2023 11:19 am Leave a Comment

   In a recent ground-breaking release, the Law Society, the professional body of Solicitors in England and Wales, issued their first guidance on the Impact of climate change on solicitors.

   The guidance is in two parts:

   1. The first part sets out how organisations can manage their businesses to assist with the transition to net zero carbon emissions.
   2. The second part sets out in broad detail how solicitors should carefully consider their advice and their duties to their clients in relation to climate change, taking into account both physical and legal risks to the subject of their advice.

   The Law Society openly recognises that this is a quickly evolving area of law. The way that business is conducted, and clients’ expectations regarding the advice given to them, will change in the years to come.

   Detailed and sector-relevant advice will follow in due course, but for now the guidance is a powerful statement of intent in relation to solicitors’ practice.

   Tinsdills consider this to be a very important part of the service that we provide for our clients. For that reason, we took the decision some time ago to offer residential property environmental searches, which include climate change information as part of our standard environmental search.

   This is perhaps the first and most important step in the evolution of the advice that we give to our clients as well as our duties towards them.

   We recognise that there’s a lot more work to do, and work we will. But we take the view that this update is not only important in terms of the advice we provide, but is also in the best interests of the whole community that we seek to serve.

   Keep an eye out on our social media accounts & news page for further updates related to Environmental Law soon. There’s plenty more to come – let’s keep this crucial conversation going.

   Andrew Burrows has a master’s degree in Environmental Law.

5. The Tempest – Environmental Searches

   March 10, 2023 3:03 pm Leave a Comment

   The latest revision of the play of that name dwells on the man made nature of the Tempest and how delicate eco systems are, with Ferdinand, Prince of Naples collecting plastic waste from the sea shore.

   And whilst Prospero claimed to have control over the elements in a way that we clearly don’t, its perhaps a useful reminder of the importance of climate change and environmental considerations for us and for future generations.

   Everything that we do, from zero carbon armed forces to smart water meters, will be affected by environmental considerations.

   But what about where we choose to live? How will we exercise choice based on the information available to us?

   Whilst we’ve known about contaminated land since the 1980s, and the importance of mining searches since before that, both as a result of our industrial heritage, how will these new considerations affect buying a house?

   It may be that properties with renewal energy solutions, or which are capable of these with minimal investment, like solar panels or ground source heat pumps, may be valued differently. Construction will certainly change, and minimal energy efficiency requirements for properties will become the norm.

   But it’s more basic than that.

   Will the house that I am buying now be affected by climate change in the future?

   What about surface flooding, river flooding, subsidence or erosion?

   We think that these are important questions.

   That’s why as our standard environmental search we offer a search which provides a simple to follow analysis to determine if what is probably the biggest investment of your lives will be affected by climate change in the next 30 years.

   This is a ground-breaking addition to our usual high standard of service; it’s so new that we don’t yet have any Law Society guidance, or guidance from lenders or valuers, on how to address climate change considerations.

   We’d like to think that this is the start of a new way of looking at where we live, how we get there and what we leave for future generations.

6. A Winter’s Tale – Buying, Selling & Home Insurance

   January 13, 2023 4:22 pm Leave a Comment

   If you’re expecting a tale of Sprites and Goblins, you may be on the wrong website.
   If, however, you would like to know more about your responsibilities and liabilities when buying and
   selling properties during cold weather, we may be able to help.

   
   There’s a lot to take on board when buying and selling a house, and whilst the legal aspects of the
   transaction will be dealt with by us, it will be the parties themselves who should deal with insurance.
   Most properties are bought and sold under the Law Society Standard Conditions of Sale (5th
   edition) which is a set of rules that determine how the legal relationships between buyer and seller
   are formed, and resolved in the case of a dispute.

   
   These conditions can lead to some unintended consequences for the unwary.
   It may help if we drill down into the terminology. Buying and selling is a 2 stage process.
   At the end of the process is “completion” when the money and keys change hands; the seller must
   have vacated the property, leaving it in a reasonable condition, and the buyer can take possession
   and move in.

   
   Prior to completion is “exchange of contracts”. This is when – as you would expect – contracts are
   exchanged, the buyers deposit handed over and when the legal commitment to purchase the
   property at the completion date noted on the contract comes into existence. The buyer has agreed
   to buy, the seller has agreed to sell, but the property is still owned by the sellers until they receive
   all of the sale monies.

   
   You may think that even after exchange of contracts, as the seller still owns the property, and
   probably still lives in it, the seller should still insure it.

   
   You’d be wrong.

   

   
   Back to the Law Society Standard Conditions of Sale. Unless you’re buying a new build property
   from a developer, clause 5.1.1 states that the responsibility for insuring the property passes to the
   buyer. The rationale behind this is as the buyer has contracted to buy the property, they should
   insure it as they can’t pull out of the purchase.

   
   If the buyer hasn’t insured the property, this can at best lead to delay and uncertainty; at worst it
   can lead to disaster if the property is damaged after exchange of contracts. This is especially true
   when a property is empty and is not being heated, which can lead to burst pipes and considerable
   damage to the property.

   
   It’s the sellers responsibility to tell the buyer about any damage, but it’s the buyers responsibility to
   claim on insurance and to have the damage repaired.

   
   The buyers can’t necessarily rely on the sellers insurance as after exchange of contracts this may
   be for the benefit of the sellers only (if they haven’t already cancelled it).
   

   If you’re buying:

   1. Get an insurance quote at an early stage.
   2. Familiarize yourself with the terms, conditions and exclusions of the policy.
   3. Make sure that the insurance complies with any lenders requirements.
   4. Liaise with your solicitor to put this insurance on risk immediately prior to exchange of
      contracts.
   5. Thoroughly inspect the property prior to exchange of contracts to ensure that the property
      has not changed in any way since you last viewed it.

   6. If you discover a problem, be guided by your insurers as to how to proceed.
   7. If you’re moving straight in after completion, tell your insurers about this.

   If you’re selling:

   6. If you’re moving out of the property tell the insurance company.
   7. Don’t cancel your insurance until completion (just in case the buyer has not insured).
   8. Inspect the property at regular intervals and leave some heating on if you can afford to.
   9. If there is a change to the condition of the property, either before or after exchange of
      contracts, tell your solicitors and the estate agents as quickly as you can.
      

   Most of these tips are good practice if you’re moving at any time of year (or in any weather).

7. Midlands Solicitor Claims Coveted Conveyancer of the Year Award

   November 25, 2022 4:46 pm Leave a Comment

   
   Leading Law Firm celebrates huge win at legal industry’s largest Conveyancing Awards ceremony. Residential Property Director, Andrew Burrows scooped the top prize last night, 24th November 2022, at the prestigious LEAP Modern Law Conveyancing Awards Ceremony as he was named “Conveyancer of the Year”.

   
   Fighting off stiff competition from National Conveyancers, Andrew’s dedication and commitment to his clients, colleagues and Firm saw him named Conveyancer of the Year 2022.

   
   Awards of this nature are no small task and require demonstrable evidence of exceptional client care, commitment to service delivery and improvement as well as a stringent eye for detail. Up against a tough shortlist of nominees, Andrew’s work was scrutinised by a diverse and formidable panel of judges from a range of professional service areas. The panel took into consideration Andrew’s exceptional case load noting that “84.9% is gained from professional and personal referrals, recommendations and repeat clients”. Plus, his commitment to both clients and staff “often going above and beyond, working unsociable hours all whilst finding time to support and train aspiring conveyancers”.

   
   Having worked in Conveyancing for over 30 years, Andrew Burrows has a long track record of providing outstanding Conveyancing services to clients as one of the most experienced Conveyancers in the area.

   Commenting on this deserved achievement, Legal Director, Andrew Burrows says, “It’s a great honour to win the conveyancer of the year award. It’s tribute to the excellent team with whom I work, the outstanding way that the practice is managed and how the department is run, and the huge slice of luck that I have had over the last 30 years, being able to stand on the shoulders of the giants of the practice who have gone before us. This is never a 9-5 job, and I wouldn’t have achieved this without the support, understanding and patience from my wife and boys. I would also like to congratulate every winner on the night and those who were commended and shortlisted. I have dedicated this award to all of my fellow conveyancers, wherever they are.”

   
   Head of Residential Property, Kelly Myatt comments further on Andrew’s achievements, “I can’t think of anyone more deserving of recognition at this level than Andrew. At Tinsdills, we believe it’s all about people, and for Andrew, the client always comes first, even throughout the Pandemic he ensured his clients were up to date via telephone and email and continuously ensured the transaction maintained its progression regardless of the difficulty. What is most impressive, is that even with such an extensive workload, Andrew is always contactable above and beyond normal working hours and still has all the time in the world to offer advice, answer questions and even help train aspiring conveyancers throughout their career. He is what any good Conveyancer aspires to be, and we are incredibly proud and grateful to have him as part of our team.”

   
   The celebrations continued throughout the evening as Tinsdills Solicitors were also named runners up for the Client Care Award and Midlands Conveyancing Firm of the Year, receiving commendations in both categories.

   
   These commendations are testament to Tinsdills’ commitment to client care. The Firm offers substantial training and development opportunities for staff ensuring that clients receive the service they expect and deserve, delivered by trained experts in their field.

   Managing Director, Rebecca Medcalf comments on the Firm’s recognitions, “Our teams are dedicated to ensuring clients receive the right advice, in the right way for them. These commendations reaffirm that the processes we have in place, and the support we provide for clients are of an award-winning level. As a firm, we are incredibly proud of our teams who have always been winners in our eyes. From initial enquiries handled by our dedicated Client Service Advisors, through to completion with our expert Conveyancing teams, our staff work tirelessly to help clients achieve their goals. Now their efforts have been nationally recognised, and we couldn’t be prouder of their achievements.”

8. Application Deadline for the BPS Lump Sum Exit Scheme is Approaching

   August 30, 2022 3:55 pm Leave a Comment

   The application window for the Lump Sum Exit Scheme closes on 30 September 2022.

   Last year, as part of the Agricultural Transition programme, Defra consulted on the administration of direct payments and a lump sum exit payment for farmers who may be looking to leave the industry. The intention behind the lump sum scheme is to make it easier for farmers who wish to retire or leave the industry to do so, thereby freeing up land for new entrants or existing farmers keen to expand their enterprises. The scheme is a one-off opportunity to receive a lump sum payment based on remaining Basic Payment Scheme (BPS) claims in return for leaving farming.

   The key condition is that the recipient of the payment has to surrender all of their BPS entitlements and cease farming the associated land. Other than the ability to retain up to 5 hectares, all agricultural land needs to be given up by way of sale, gift or tenancies. If you farm under a tenancy, this will need to be surrendered or assigned to be eligible for the lump sum.

   Lump sum payments will be made from November 2022 for those that have already exited by then. Otherwise, applicants will have until 31 May 2024 to submit and finalise their claim. Under the scheme, once a lump sum payment is made, you will no longer be eligible for BPS payments or delinked payments (which will begin in 2024) in England. If you are a farmer considering retirement and the future of your business, please get in touch with a member of our Agricultural and Rural team. We can advise on agricultural property and succession planning and will work with your accountant and land agent to ensure the best possible outcomes for you as an individual or partnership.

   To find out more information, and how to apply for the BPS scheme visit: Apply for a lump sum payment to leave or retire from farming – GOV.UK (www.gov.uk)

   As an Associate Solicitor, Kate Wilson is an experienced member of the agricultural and rural property team at Tinsdills. Kate specialises in all aspects of commercial and agricultural property work, from farm and land sales and purchases, to agricultural tenancies and licences, residential and commercial development to options and conditional agreements plus everything in between.

   To find out how Kate and the team can assist you, get in touch today.

9. Karen Wilson Celebrates Resolution Accreditation

   August 16, 2022 3:07 pm Leave a Comment

   Tinsdills Solicitors are proud to announce that Senior Associate, Karen Wilson has successfully achieved re-accreditation by the Family Law Association, Resolution as a Specialist Member.

   Karen has been an accredited member since 2010 and is required to undergo reassessment every 5 years in order to maintain the certification.

   Founded in 1982, Resolution promotes a non-confrontational approach to family law issues in the knowledge that such approach will produce a better outcome for separating families and their children.

   Karen Wilson is one of over 1200 recognised Specialist Resolution Members throughout the UK who are “recognised for having superior expertise in their given specialism of family law to provide the best support in resolving issues.”

   This means that Karen is recognised as having demonstrated excellence in the field, with particular recognition of expertise in the areas of Private Children Law and Advanced Financial Provision.

   Accreditation of this nature is no small task and requires demonstrable evidence through the form of a portfolio assignment as well as examination. Following this, Karen was also required to demonstrate detailed knowledge of the law and show skill and proficiency in her specialist areas.

   Commenting on her accreditation, Karen said “as a family law solicitor with almost 30 years of experience I feel proud to continue to help clients out in a very difficult period of their lives drawing upon my specialist knowledge and professionalism. As an accredited specialist, clients’ can be reassured that my expertise is recognised not only by members of the public but also by fellow professionals.”

   Managing Director, Peter Hamilton continues, “our Family team are dedicated to ensure clients receive the right advice, in the right way for them. Karen’s accreditation helps us to continue to support couples going through what can be the most difficult period of their life. By promoting cooperation between parties in a calm and reasonable environment, we can create the best chance to reach a constructive agreement amicably and efficiently between parties.”

   Tinsdills Solicitors have a long track record of providing expert Family Law advice to clients, being one of the largest and most experienced firms in the area. The latest accreditation strengthens Tinsdills team of Resolution members as Karen joins colleague and fellow member, Helen Jackson in providing expert advice in relation to Divorce and Separation, Children Matters, Financial Provisions and Collaborative Law Services. 

   To find out more about our Family Law services, and how we can support you contact us on 01782 983943 or complete an online enquiry form.

10. Wedding Law Reforms: from something old, to something new!

    July 20, 2022 3:35 pm Leave a Comment

    The Law Commission has recommended an overhaul of the current laws surrounding weddings in England and Wales. Following concerns around the effectiveness of the current rules governing weddings, the Government has requested the Law Commission perform a review of what has been described as an “out-of-date” system.

    With an increasingly diverse society, it comes as no surprise that more and more regulations are falling short of modern needs, and these proposals will provide the much needed first step in offering a fairer and more consistent approach to wedding ceremonies.

    Family Law Solicitor, Heather Arnold comments, “The reforms proposed by the Law Commission will provide couples with the freedom to hold a wedding ceremony at an increased range of locations, with a more personalised service, meaning ceremonies may be more individual or meaningful to couples. Notably, under the reforms, weddings would be guided by universal rules allowing couples greater scope to hold a ceremony which is not only respecting of their religious, or non-religious beliefs, but also without the need to choose from specific, limited venues.”

    With access to a greater number of venues, the new reforms may also provide an opportunity for couples to save money without losing out on quality of service or atmosphere. Currently the demand for wedding ceremonies is at an all time high, with many couples who missed out on their original ceremony during the pandemic, taking priority on current bookings.

    Heather continues, “There is presently a backlog of weddings due to Covid 19 and the reforms may enable couples to marry without delay and potentially, at a lower cost. In 2021, the average cost of a wedding was reported at £17,300. Ultimately, this will create a fairer system for couples and Tinsdills welcome proposals to allow couples to marry wherever and however they choose.”

    You can read the Law Commission’s findings here: https://www.lawcom.gov.uk/centuries-old-weddings-laws-to-be-overhauled-under-new-reforms/

    Tinsdills Solicitors provides a full range of family law services, from pre and post nuptial agreements, to change of name deeds. If you require Family Law advice, please contact us and our expert teams will be able to provide the advice and guidance you need.