Frequently Asked Questions

Who handles my conveyancing matter when I buy and sell my home?

You are advised by a qualified experienced Solicitor who has conduct of your matter throughout.  When you telephone you speak to your Solicitor.  If he is unavaialbe you may speak to either Ann or Catherine who will ensure your message is passed on and the Solicitor returns your call.

How will I know if there are any defects in the title to the property I am buying?

Your solicitor will take you through all the documents and explain in clear English what they mean.

My elderly parent has lost her capacity to make her own decisions, I don't know what to do?

Your mother's affairs can be protected by the Court of Protection. Telephone the office and an appointment will be made for you to see the right Solicitor.

How do I get a Lasting Power of Attorney?
Contact Charles Young or Nick Crocker to discuss your needs.

How do I know divorce is right for me?

This is only something that you can answer. You should neither be forced nor rush into divorce but you will instinctively know when the time is right.

Are there alternatives?
Yes and you should give careful consideration to these before you start your divorce proceedings. Relate offers counselling to those experience difficulties in their divorce. Their advice and guidance is confidential.

What if my spouse does not wish to divorce and says he will defend it?
In English Law, everyone has a right to defend any action brought against him/her in the court. Defended divorces are relatively rare because they are (a) unlikely to bring the marriage together again and (b) most importantly are very expensive with the loser paying the other party’s costs. Usually, once a petition is issued at court, the other party (with good solid advice) will not defend it.

How long does it take to get divorced?

This depends on how co-operative the other spouse is and how busy the volume of work the court has. On average, the divorce process takes between three to six months. This usually applies where there are no financial or children issues.

What if I can’t find my spouse?
You can take steps to trace him/her and then issue the divorce papers.

Can I get divorced without settling the finances?
Yes but this is a huge risk, particularly for the husband. You should take advice before applying for your decree absolute.

My wife and I were divorced about five years ago but we did not deal with the finances then. Does she still have a claim against me?
Yes, in exceptional circumstances the court will grant leave for her to submit an application for ancillary relief.