What to expect at a financial dispute resolution (FDR) hearing

If you are applying for a financial order as part of your divorce then the court will list your case in for a financial dispute resolution hearing, often called an FDR hearing. This is a private court hearing and is aimed at trying to assist parties in settling any dispute over finances.  ‘The judge does not make a final decision, but instead tries to encourage the couple to reach an agreement.  It provides an opportunity for everyone to gather in court to discuss all the financial issues and to seek the guidance from an experienced judge on the legal position.  Most disputes can be resolved at this stage, without the need for a final hearing,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. How to prepare for a financial dispute…

Avoiding the divorce court for farming families

It is a new year, so off with the old and on with the new. Sadly, this also sometimes includes spouses, with divorce lawyers seeing a spike in divorce enquiries in January as the stress of the festive season takes its toll. Divorce for farming families can be particularly complicated, given that farms are often asset rich but cash poor, and their ownership split between the extended family. This sometimes makes it difficult to achieve a fair division of assets between the separating couple, while still ensuring the survival of the farming business. With complexity comes extra cost, especially if all the details have to be thrashed out in court. Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York & Wetherby explains how a fair settlement can be achieved for both parties, while…

Wood burners and open fires, what to consider when buying a new home

A wood burner or open fire is an attractive feature in a property, especially as the nights draw in and temperatures drop. If are buying a property with one, or you plan to install a log burner in your new home, there are important things to consider. Most people know gas boilers and electrical wiring need to meet certain standards but are less aware about the rules for solid fuel.  This can cause problems further down the line, especially as the regulations in this area are becoming more stringent. Here we explain the issues to look for and how your solicitor can help. Smoke control areas When you buy a property, your solicitor will make pre-contract searches which will show whether it is in a smoke control area. These tend to be in urban conurbations. Tell…

Financial “Abuse” of the Elderly and the Lasting Power of Attorney

It’s often thought useful to create a Lasting Power of Attorney, in case you lose capacity. Close family or trusted persons might otherwise be unable to access your bank accounts, sell your property etc., without the cost and delay of applying to the Court of Protection, to appoint a deputy, to manage your affairs, if you suddenly lost capacity. But there are down sides writes Julie Bradwell, Dispute Resolution Solicitor with Ware & Kay.  “I often see siblings at war, who have lost trust in close family members, often brothers and sisters and allege the sibling, appointed Attorney, under a Lasting Power of Attorney, is taking unauthorised money from their loving parent’s bank accounts for themselves. Equally, there are tragic cases of parents who genuinely wanted to make a generous financial donation to their adult child…

Should I start a Christmas Tree Farm on my land?

From offering holiday accommodation to selling Christmas trees, astute farmers are finding ways to create new income streams. Income generated by diversification is now a vital part of many farming businesses but it can involve unfamiliar legal, planning, staffing plus health and safety issues. Taking time at the outset to identify and address those issues can avoid costly disputes further down the line says Head of Dispute Resolution at Ware & Kay Johanne Spittle. Before you embark on a new diversification project it is important to check whether there are any restrictions on how you use your land and that you carefully consider the potential impact that a new venture may have on your neighbours. Where your land has previously formed part of a larger estate which was divided up, it is possible that the original…

Financial arrangements after dissolution of a civil partnership

According to the Office for National Statistics, since the introduction of civil partnerships in 2005, over 65,000 couples have formalised their relationship in this way and been afforded similar legal rights to those of married couples, including when it comes to separating. Since 2015, each year has seen over 1,200 couples dissolving their civil partnership and having to sort out their finances as they seek to start a new life. Robert Bellhouse a family lawyer with Ware & Kay in York & Wetherby explains that ‘While some of the formalities are different, when it comes to dealing with financial disputes arising from the dissolution of a civil partnership the same principals apply as would on divorce’. Full and frank disclosure Before you can be advised on how your assets are likely to be divided, it is…

The hidden costs of leasehold property

You may have seen recent media reports on the so-called leasehold scandal. First, escalating ground rents, which increase exponentially after periodic reviews. Then, the cladding crisis, which has spotlighted the costs landlords can pass on through service charges. So, if you are buying a new home, should you avoid leasehold properties? ‘There are definitely more issues with a leasehold home than a freehold one,’ agrees Holly Stevens, Head of Residential Property with Ware & Kay at York.  ‘However, this does not mean you should discount a leasehold property. While there may be extra things to consider, we will help you to mitigate risks and there are also government reforms in the pipeline, which will increase protection.’ Here we look at some of the issues and the additional costs which arise with a leasehold property. Ground rents…

Employment policies and procedures: time for a refresh?

Many businesses are now at the stage where they have planned their longer-term working arrangements for staff who may be office-based, remote working, or a hybrid arrangement. Some of the changes to working practices which were introduced ‘on the hoof’ as businesses adapted to the pandemic may have become permanent, and many lessons have been learned about new ways of achieving the same business objectives. ‘Alongside Covid, we have also seen a huge shift in the awareness of diversity and inclusion and, after so much change, now is a good time to check your policies are relevant for your company in the future,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. It is also timely to look at wider issues relating to policies, such as best practice around introducing and changing…

Yorkshire Law firm Ware & Kay announces Lucy Gilman as Head of its Wetherby office

1st December 2021 Yorkshire Law firm Ware & Kay Solicitors has today announced the promotion of Lucy Gilman, to Head of its Wetherby Office.  Lucy will take over the responsibility for a growing team delivering commercial, development and residential property, litigation, family, employment and wills and probate services in the West and North Yorkshire region.  Lucy takes over the role from Director Michael Peach who will continue to be involved in the business going forward. Lucy, who joined Ware & Kay in 2012 has over 16 years of experience as a Residential Property Solicitor.  She has a wealth of knowledge and a strong reputation for superb client focus. Lucy has represented a number of high profile clients on complex property transactions and is extremely well-regarded within the industry.  She has a reputation for establishing close working…

Employment Law Update November 2021

This article covers: 1. Menopause: why are workplaces failing women? 2. Fire and rehire: the saga continues 3. Supporting workers in the Covid-19 vaccination programme 4. The climate & ecological emergencies and the workplace 1. Menopause: why are workplaces failing women? Recent research demonstrates that as many as sixty percent of women are currently suffering or will suffer from disabling menopausal symptoms. This means workers at every level who are female or who identify as female are suffering from debilitating menopausal symptoms. Overlooking the consequences of menopause in the workplace can lead to: an unhappy, underperforming workforce high levels of sickness absence loss of workers at every level leading to skewed figures on wage equality and unequal representation in the boardroom  claims in the employment tribunal on the grounds of sex, disability, or age discrimination…