AGR LAW – Page 4

Good Divorce Week 2021

By AGR LAWNovember 29, 2021March 15, 2022

We’re proudly supporting Resolution’s Good Divorce Week 2021, doing our bit to kickstart a national conversation about how parents can embrace a child-focused approach when separating.

Good Divorce Week runs from Monday 29 November to Friday 03 December 2021, beginning with the launch of a new Parenting Through Separation Guide. Produced by Resolution’s Parenting After Parting Committee, this 21-page downloadable resource is available free.

Packed full of advice and support to help parents through separation, divorce and beyond, the guide begins with real-life stories and talks about dealing with shocking and emotionally traumatic events.

It details the role of a co-parent and how best to communicate with children, including suggestions on explaining the situation and managing a child’s feelings.

The guide also covers when and how to involve children in decision-making and has a handy jargon busting section to help you with unfamiliar and confusing legal definitions.

The Parenting Through Separation Guide is suitable for all parents, whether you fear a relationship is about to end, are newly separated or have been co-parenting with an ex-partner for some time.

As Resolution members, we’re committed to adopting a non-confrontational approach to family law issues to produce better outcomes for separating families and their children. Please contact us on 0116 340 0094 or hello@agrlaw.co.uk if you need support or advice on any issue surrounding divorce or separation.

Probate: Why making a Will matters

By AGR LAWNovember 12, 2021March 24, 2022

Dealing with the death of a loved one is never easy and managing their financial affairs and assets after they’ve passed can be difficult, especially when emotions are high or if there are conflicts in the family.

We wrote a blog in June about the need to have a valid Will, but we only briefly touched on how they help with the probate process.

Here, we explain more about probate so that you can better understand what happens when a person dies without a valid Will in place.

What is probate?

Probate is the name given to the legal process that happens when someone dies.

If the deceased person made a Will, a solicitor would first determine whether it is valid. If it is, the nominated executors apply for Grant of Probate. This gives them authority to pay any taxes and debts before distributing the deceased’s estate as per the instructions set out in the Will.

If the person died without making a Will, or with an invalid Will, this is known as dying intestate. This means assets are divided up as stated by the law, not necessarily as the deceased would have liked. It also makes probate longer, more complicated and more costly.

What happens when someone dies intestate?

If someone dies without a valid Will, their estate is distributed as per the rules of intestacy. This means that someone who expected to inherit may not, and someone who the deceased or their family feels should not benefit, may be entitled to a share.

Rather than an executor applying for Grant of Probate, a probate court issues a Grant of Letters of Administration to people who apply for authority to deal with the estate. These are usually beneficiaries and there is an order in which applications are considered, beginning with the spouse or civil partner then the children of the deceased. A Grant of Letters of Administration essentially gives the same rights as a Grant of Probate but adds unnecessary expense, time and complication.

Even with a Grant of Letters of Administration in place, the estate must still be divided up as per the rules of intestacy, so we’ve covered that below.

What are the rules of intestacy?

The rules of intestacy currently state that the person’s spouse or civil partner (even if they’re estranged) inherits all of their possessions and the first £270,000 of their estate. If the estate is valued at more than £270,000, the remaining inheritance is divided with the spouse or civil partner inheriting the first 50% absolutely of the estate valued more than £270,000. The remaining 50% is shared equally between any children.

This means that cohabitants, stepchildren (unless adopted) and grandchildren will only inherit if there is no surviving spouse/civil partner or children, which may not be what the deceased person or their family would have wanted. It also means that charities and causes close to the heart of the deceased will not benefit unless a gift is made by a family member from their share.

Can I contest the rules of intestacy?

If you’re not provided for, for example if you lived with the deceased but were not married or in a civil partnership or if you have inherited but feel you should have received a larger share, you can make a claim under the Inheritance Act 1975. This is a lengthy, costly and stressful process with no guarantee of getting your desired outcome.

You can give up all or part of your own inheritance with a Deed of Variation if you want to make the distribution of the estate fairer, minimise inheritance tax or ensure someone not covered by intestacy rules is provided for.

An estate passes to the Crown If there are no relatives able to inherit under the rules of intestacy.

Does dying intestate mean a bigger inheritance tax bill?

Inheritance tax is a complicated area, but we have known cases where estates shared by the rules of intestacy are subject to more tax. This is because the law dictates who inherits what, whereas a person making a Will may include it in their financial planning and minimise what needs to be paid on their death.

Our recommendations

We recommend making a Will with a solicitor and keeping it up to date. This will ensure your personal and financial assets are distributed to those you want to benefit, and stress and uncertainty for the loved ones you leave behind will be minimised. They’re usually cheaper and quicker to create than people imagine, and you can include other details such as wishes for your funeral and who you would like to care for children and pets.

Everyone should make a Will, but we emphasise that cohabitants are at risk of not inheriting unless they’re married (and the marriage must be lawfully recognised, which not all faiths are) or in a civil partnership. In the eyes of the law, it doesn’t matter how long you have been or couple or even if you have children together, there is no such thing as a common-law marriage giving automatic legal rights over a partner’s estate.

We know from experience that families often disagree over who should inherit what but, if your wishes are clearly laid out in a Will, relationships are less at risk of breaking down through jealousy and arguments.

Remember verbal promises mean nothing in the court, but a Will is a legally binding document for which there is no substitute.

Call us on 0116 340 0094 or email hello@agrlaw.co.uk to find out more about our Will writing service.

How Brexit affects UK and Irish citizens travelling to the EU

By AGR LAWSeptember 27, 2021March 15, 2022

Our last two blogs talked about travelling to the UK, but what about the other way around?

We take you through the key points for residents wishing to travel to the EU, Switzerland, Norway, Iceland or Liechtenstein for business, to study or for a holiday.

First things first

Regardless of your reasons for travelling, you will still need a valid passport, travel insurance that covers healthcare and, if you intend to drive, the correct documents. You will also need to make arrangements if you want to take pets with you as pet passports are no longer in use.

To be deemed valid, your passport will need to be less than 10 years old and have more than six months left before expiry, unless you are travelling to Ireland where you can continue to use your passport as long as it is valid for the length of your stay.

Burgundy-coloured EU passports are still acceptable but, when you come to renew it, you will be issued with a dark blue UK passport.

Healthcare entitlement for emergencies and pre-existing conditions varies. Although no replacement for taking out the correct insurance, having a European Health Insurance Card (EHIC – being phased out) or Global Health Insurance Card (GHIC – replacing EHIC) allows you to get free or reduced cost medical care in some countries.

GHIC and EHIC can be used in most EU countries
GHIC and EHIC cannot be used in Norway, Iceland, Liechtenstein or Switzerland
You can access treatment in Norway using a valid UK passport

We advise thoroughly checking the latest advice for the country you need to travel to HERE before you travel.

Travelling for business

There are a few extra things you will need to do if you are travelling for work, but there are no hard and fast rules as the documentation you need depends on the nature and length of your visit, and where you are travelling to.

Attending meetings and conferences, providing services (even with a charity), touring for art or music and taking goods to sell (even if they are a small amount or you are selling them to someone you know or are related to) are all classed as business travel. Generally speaking:

If you are staying for fewer than 90 days in a 180-day period, you may be able to do some things without getting a visa or work permit
If you are staying for more than 90 days in a 180-day period, you are likely to need a visa, work permit or other documentation

You may also need a visa, work permit or other documentation if you are:

Transferring from the UK branch of a company to a branch in a different country even for a short period of time. This is called an intra-corporate transfer
Carrying out contracts to provide a service to a client in another country in which your employer has no presence
Providing services in another country as a self-employed person

Other points to consider if you are planning to work abroad

Your qualifications may not be recognised outside of the UK
You may need to tell the HMRC about your change of circumstances
You may need to pay social security contributions in the country you are working in
You may need indemnity insurance
You will need to declare if you are taking £10,000 or more in cash with you

Travelling to study

There are plenty of personal and academic reasons to study abroad, including possible reduced costs, high-quality provision (six out of the top ten worldwide ranked universities are abroad) and making your CV stand out from the crowd.

Like travelling for business, what you need to do varies greatly. There are also different procedures for those planning to travel to do part of a course with a UK higher education provider and those doing a whole course at higher education with a provider in the EU.

Here are a few points to consider:

You will need a valid passport as described previously
You may need a visa and, for some countries, a residence permit
You may need to open a local bank account or set up online and telephone banking with a UK-based bank. If you choose to stay with your current bank, check their charges
Look into pre-loaded currency cards
Don’t get caught out by roaming charges on your mobile phone
You may need to let authorities in your chosen country know that you intend to study there, and you will need to be mindful that there are strict timescales for doing so. They are likely to ask you for your passport, a valid health insurance certificate and proof of enrolment at your host course provider
If you are enrolling on a course abroad, you will need to have even more documents in place in addition to those listed above. This may include notification of admission or the offer letter, original (or copies) of your entry qualification certificates, including any language exams you may have had to take
Do some research on the Foreign and Commonwealth Office (FCO) website to find out about vaccinations, health issues and safety precautions

Going on holiday

COVID aside, there are just a few changes to face when travelling to the EU for a holiday or short break.

When you arrive at your destination, you may be asked to produce your return ticket and proof that you have enough money to last your holiday. You may also need to use a different lane when queuing.

The amount of duty-free goods you are able to buy for personal use or gifts has increased.

If you need help with any matter relating to immigration or travel, get in touch and our friendly, experienced team will be happy to help. You can call us on 0116 340 0094 or email hello@agrlaw.co.uk

Working in the UK post-Brexit

By AGR LAWSeptember 6, 2021March 15, 2022

The UK officially left the EU on 01 January 2021, meaning non-UK and non-Irish citizens no longer have automatic right to work in England, Scotland, Wales and Northern Ireland.

Although some business travel has been permitted during lockdown, with restrictions being relaxed we wanted to tell you more about what you need to do if you want to visit or relocate to the UK for work.

We talked about the new points-based system in our blog Brexit transition – changes to the immigration system earlier in the year, and below we will go into the various routes to gaining a visa in more detail.

Visiting the UK for a short business trip or meeting

You can visit the UK for up to six months with a standard visitor visa if you meet the eligibility criteria for what you want to do. This includes showing that you will leave the UK at the end of your visit, not making the UK your main home or living here for extended periods, proving that you are able to support yourself (or have somebody to provide for you) and that you have plans to pay for your onward journey.

Specifically for business, the general permitted activity criteria states that you can as a visitor:

Attend meetings, conferences, seminars, and interviews
Give a one-off or short series of talks and speeches provided these are not organised as commercial events and will not make a profit for the organiser
Negotiate and sign deals and contracts
Attend trade fairs, for promotional work only, provided the visitor is not directly selling
Carry out site visits and inspections
Gather information for your employment overseas
Be briefed on the requirements of a UK-based customer, provided any work for the customer is done outside of the UK

There is also specific criteria relating to:

Intra-corporate activities for employees of overseas based companies
Manufacture and supply of goods to the UK
Clients of UK export companies
Other roles requiring travel to the UK including translators/interpreters, bodyguards and PAs, tour guides, journalists, researchers, and academics

For more information about activities permitted on a standard visitor visa, click HERE

Visiting the UK as a temporary worker

Short-term visas range from six to 24 months and are categorised according to the role the applicant will be working in. They are:

Charity worker for unpaid, voluntary work
Creative and sporting if you have been offered work in the UK as a sportsperson or creative worker such as an actor, dancer, musician or film crew member
Government authorised exchange for people who want to do work experience or training, an Overseas Government Language Programme, or research or a fellowship through an approved government authorised exchange scheme
International agreement worker if you are contracted to do work covered by international law or treaty. This includes working for a foreign government or as a private servant in a diplomatic household
Religious worker if you want to do religious work in a non-pastoral role or religious order
Seasonal worker for farm workers
Youth mobility scheme for those with £2,530 in savings, aged 18-30 and from one of eight named countries and territories

Visiting the UK as a long-term worker

Long-term visas are typically around five years in length. Some, but not all, allow you to apply to bring partners and children, travel abroad and return to the UK and apply to live permanently in the UK.

Eligibility criteria for each visa is complex and typically states the need for sponsorship, the minimum and maximum you can earn, how much money you must have in savings and the knowledge of English to the required level.

Types of visas currently available for long-term workers are:

Skilled worker for people doing a job on a list of eligible occupations for an employer approved by the Home Office. You need to have a certificate of sponsorship and be paid a minimum salary
Health and care worker for medical professionals coming to do an eligible job with the NHS, an NHS supplier or in adult social care
Intra-company visas for people coming to the UK for an eligible job at their employer’s UK branch
Minister of Religion for people who have been offered a job within a faith community
Sportsperson for elite sportspeople or qualified coaches recognised by their sport’s governing body as international professionals. You require endorsement from the governing body and proof that your employment will develop your sport in the UK at the highest level

Our tips for international workers coming to the UK

If you are applying to extend or switch your visa from within the UK, you may have the option of paying more to get a priority or super-priority decision made to quicken the process
Carefully plan when you need to apply for visas to be switched or extended
When budgeting, make sure you take into account any extra costs such as the healthcare surcharge
Carefully read what you can and cannot do under the conditions of the visa. Criteria sometimes relates to taking on additional work, both paid and voluntary, so you must understand the rules
Do not book any travel or accommodation before you hear the outcome of your application, otherwise you could lose your (or your employer’s) money
Talk to us! Visa documents are lengthy and legally binding, so we always recommend getting help from law professionals especially as visas are refused more often than most people think

Want to know more about how our expert team can help you? Call us on 0116 340 0094 or email hello@agrlaw.co.uk

Studying in the UK post-Brexit

By AGR LAWAugust 19, 2021November 30, 2021

When the UK left the EU on 01 January 2021, the rights of non-UK and non-Irish citizens wishing to come to England, Scotland, Northern Ireland and Wales changed.

As we mentioned in our blog ‘Brexit transition – changes to the immigration system’ anyone wishing to relocate to the UK will need to have a valid immigration status.

With lockdown easing, but travel for leisure purposes still restricted, we thought it might be helpful to talk in more detail about travelling to the UK to study.

Studying in the UK after 01 January 2021

The following information applies to students from the EU, EEA-EFTA states (Iceland, Liechtenstein and Norway) and Switzerland.

You will hear the term ‘accredited institutions’ in this section of the blog. They are providers listed on the register of institutions licensed to sponsor migrant students under the student and child student routes.

For courses up to 6 months long at an accredited institution, you may need a standard visitor visa. English language courses are included.

For English language courses up to 11 months long, you can apply for a short-term study visa if your provider is an accredited institution.

To apply you will need to:

Be aged 16 plus
Prove that you have been accepted onto an English language course that lasts six to 11 months and includes no other subjects
Have enough money to support yourself or proof that relatives and friends can provide for you
Be able to pay for your return or onward journey

If you are under 18, you must also:

Arrange for your travel and stay in the UK
Provide evidence of parental or guardian consent

For courses over 11 months long, you need a visa.

There are three types of visas available to students:

Child student visa
Student visa
Graduate visa

Child student visas are for 4 to 17-year-olds who will be studying at an independent school.

To apply, you will need to:

Have an unconditional offer of a place on a course at an accredited institution
Be able to show you will have access to enough money to support yourself in the UK and pay for your course
Provide evidence of parental or guardian consent

How long you can stay in the UK depends on your age when you apply and how long your course is.

If you are under 16, your visa will cover a course of up to six years plus four months
If you are 16 or 17, you will be permitted to study for up to three years and stay for four months afterwards

Student visas are for anyone aged over 16 enrolling on a course with an accredited institution.

To apply, you will need to:

Have been offered a place on a course
Have enough money to support yourself and pay for your course
Speak, read, write, and understand English to the required level
Provide evidence of parental or guardian consent if you’re 16 or 17

How long you can stay in the UK depends on the length of your course and whether it is at or below degree level.

If you are 18 plus and your course is at degree level, you can usually stay for up to five years
If your course is below degree level, you can usually stay for up to two years

Graduate visa applications are opening on 01 July 2021. They are for students who have completed a degree in the UK and wish to stay, either to work at any level for two years after completing their studies or three years for PhD students. You will not need a sponsor to apply and there will be no minimum salary level.

Our tips for international students coming to the UK

Research when you need to apply for a visa by and know when any current visas expire. Do not leave anything until the last minute but keep in mind that you cannot apply for some visas more than three months in advance
Check how long you can stay in the UK for and whether you need to switch or extend your visa when it is nearing expiry. Overstaying, even by a few days, may mean you are banned from entering the UK in the future, so you need to be careful and plan ahead
Check how much you need to pay for visas and whether there are any additional costs such as healthcare surcharges
Carefully read the information relating to what you can and cannot do under the rules of the visa you are applying for. This includes any paid work you are permitted to do
You will need to show you have planned your travel and accommodation, but do not book anything before a decision is made about your visa
Get us to help you! Immigration is a complicated area of law that can be difficult to navigate. Our expert team can advise you on any matters relating to studying in the UK

Give us a call on 0116 340 0094 or email hello@agrlaw.co.uk to find out more.

Wills and Lasting Powers of Attorney demystified

By AGR LAWJune 14, 2021March 24, 2022

Why do I need a Will?

One of the most common misconceptions we come across is that people feel they are too young, too healthy or not rich enough to make a Will.

Anyone over the age of 18 can, and should, make a Will because the consequences of dying without one makes things difficult for those left behind.

What happens if you die without a valid Will?

When a person dies without a Will, or with an invalid Will, it is called dying intestate. Your estate will be divided up as per intestacy rules, which are determined by the court, rather than to your wishes. This makes the probate process more expensive, complicated and challenging.

The court will decide how your property, possessions and money are distributed. Even if you promised assets to relatives or loved ones, they might not inherit without a Will in place but someone you did not want to benefit may do so.

We cannot stress enough that is not the case that co-habiting partners have automatic right to make a claim, even if you have children, jointly own your home or have been a couple for a lengthy period. This could create financial issues for the surviving partner and possible conflicts within your family as they argue over who should be entitled to what.

What goes in a Will?

Property and assets – You can ensure items of high sentimental or monetary value are gifted to those that are most important to you
Debts – Details of your mortgage, loans, credit cards, overdrafts etc
Children and pets – You can name a guardian to take care of young children and create trusts to ensure they are financially secure. You can also ensure any pets you leave behind will end up in the hands of someone who will love them like you do
Your funeral wishes – You may want to be buried in a particular spot or be cremated and have your ashes scattered in your favourite place. You can state this, plus your wishes for your funeral, in your Will
Gifts and donations – You can leave money to charities you support in your Will to help them raise much-needed funds and continue the good work they do. There may be tax benefits to doing this too
Your executors – These are people tasked with distributing your estate. They can be family members or friends. It’s a big job and it’s important that you can trust them, so choose carefully

How often should I update my Will?

Wills never expire, but we advise you review yours every three to five years or as circumstances change. Marriages, breakups and the birth of children can mean changes need to be made to ensure the correct people are looked after and protected when you die. Any alterations must be witnessed as per the rules below.

When is a Will valid?

For a Will to be deemed valid, you must have sufficient mental capacity to:

Know what assets you own
Understand the effect of your Will – what will happen when you die and the consequences of including/excluding people
Approve the content of your Will
Know that you are signing it
Follow the correct procedure for witnesses. It must be witnessed by two people aged over 18 with sufficient capacity to understand what they are acting as witnesses to. They must not be beneficiaries of the Will, so can’t be spouses, partners or family members

A Will can be challenged and deemed invalid if any of the above rules aren’t followed. If the challenge is successful, the person’s previous Will (if it was valid) will apply. If no Will was made previously, they will have died intestate.

What role does AGR Law play?

A Will is a legally binding document, so we always advise using our services to ensure there are no mistakes which could make the Will invalid.

Some Wills are more straightforward, but there are circumstances which make Wills complicated. These include:

Where you share a property with someone you are not married to or in a civil partnership with
You have a dependant who is unable to care for themselves
You have a large family who may make a claim, such as children from a previous marriage
You do not reside permanently in the UK or if you do live here but have property overseas
You own a business or businesses

Our experienced team will guide you through the process, so you can be safe in the knowledge that your assets will be protected after your death.

What is Lasting Power of Attorney?

What is LPA?

We wanted to briefly mention LPAs as they’re often drawn up at the same time as Wills. Lasting Power of Attorney (or LPA) gives a nominated individual the right to handle your personal business if you lose mental capacity. If you are married or in a civil partnership it is not the case that your spouse will automatically be able to deal with matters for you.

There are two types of LPA – one related to your finances and property and the other to your health and welfare.

Why do I need an LPA?

Life-altering illnesses or accidents can mean you are no longer able to manage your financial affairs or look after yourself.

If you lose the ability to make your own decisions your chosen attorney could:

Pay your bills, sell your property or investments and operate your bank accounts
Make decisions about your daily routine, your medical care, where you live and, if specified in the LPA, any life-sustaining treatment

What if I lose mental capacity but don’t have an LPA in place?

Without an LPA in place, your family will need to apply to the Court of Protection to have a deputy appointed. This can be a slow, costly and stressful process, and a deputy’s powers are limited compared to someone appointed through an LPA.

Want to know more about Wills and LPAs? Drop us a line at hello@agrlaw.co.uk or call us on 0116 340 0094

The Role of the Court in Domestic Abuse Cases

By AGR LAWMay 12, 2021March 15, 2022

For matters such as divorce, we believe that mediation is the best approach for lots of reasons as we explained in our previous blog which you can read HERE.

For some areas of law, cases need to go to court. Domestic abuse is one such area and cases are often heard in the Family Court. Only complex cases need to be resolved by the Family Division of the High Court.

Our team understand the trauma suffered by domestic abuse victims and the bravery it takes to speak up and report perpetrators. The thought of going to court can make people reluctant to come forward, so we wanted to explain its role so victims will know what to expect.

What can I expect at Family Court?

A Family Court is less formal than a Criminal Court. No wigs or robes are worn, and the most important concern is not proving guilt or innocence but the welfare of the victim. Witnesses are not required to stand up to give evidence, they remain seated.

The judge can be a specially trained Magistrate, a District Judge or a High Court Judge, depending on the case. We can advise you on how you will need to address them.

Family Courts have no juries, so they have different procedures to prove or disprove facts in dispute. The process may begin with fact-finding where each party will have the opportunity to tell their side of the story, usually through written reports and statements. You may be asked questions about the evidence you have given. The judge will then use what’s known as ‘the balance of probabilities’ to decide whether events on which the parties disagree happened or not.

Hearings are confidential and there are no public galleries. Members of the press may attend, but there are measures to restrict the level of detail in their report to protect those involved.

There may be times where the persons making the application attendance is not compulsory, and urgent proceedings can happen without the Respondent being present.

What powers do Family Courts have in domestic abuse cases?

Family Courts have the power to:

Give non-molestation orders and injunctions (to prohibit contact from the perpetrator and to protect you from harassment, threatening behaviour or violence)
Deal with anyone breaching orders and injunctions
Give an occupation order which can define and regulate the rights of occupation of the home and order a suspected abuser to be removed from the home
Some courts also have powers to prevent forced marriages and protect anyone who may have been forced into marriage

Sweeping reforms made to the Family Court

Since June 2020, domestic abuse victims have had greater protection.

Changes included:

Separate building entrances and waiting rooms to the abuser
Protective screens in court
Stronger powers to issue barring orders to prevent abusers from repeatedly dragging a victim back to court

What is AGR Law’s role in court proceedings?

It is possible to represent yourself, but we would always recommend having a lawyer present in court.

This is because:

Going to court alone can be extremely stressful. Although the judge may allow you may take a ‘McKenzie friend’ with you if you don’t have a lawyer, their main role is to provide moral support, take notes and help with the case papers
Laws and court procedures are complex and sometimes the terminology used can be confusing. Our team are experienced professionals who can prepare your case, speak on your behalf and ask the right questions of the opposition
We offer emotional support as well as practical and legal guidance

We can also advise you on (and apply for) funding your case through Legal Aid. This is generally available to people who are at risk of harm from domestic abuse but cannot afford to pay for the cost of legal representation.

Useful information

Domestic abuse may not necessarily mean someone is causing physical harm. It also includes emotional, psychological and financial abuse.

If you’re in danger you must ring 999.

Help is also available from Refuge:

Phone (24-hour helpline): 0808 2000 247
Website: www.refuge.org.uk

If you need advice, you can contact us by emailing hello@agrlaw.co.uk or calling 0116 340 0094.

No-fault divorce – untying the knot without playing the blame game

By AGR LAWMarch 29, 2021March 15, 2022

The Divorce, Dissolution and Separation Bill gained long-awaited Royal assent in June 2020. This means that, from April 2022, couples in England and Wales can divorce without having to assign blame to either party.

Why is reform needed?

Championed by Resolution, the community of family justice professionals of which AGR Law is a member, the no-fault divorce campaign ran for several years. It sought to minimise conflict to make the process less damaging, particularly to the children of divorcing couples. It also aimed to modernise the divorce procedure and make it more appropriate to the reasons modern-day marriages fail.

Currently, couples who jointly decide that divorce is the best option need to have been separated for at least two years. If only one party wishes to end the marriage, separation will need to be for a minimum of five years.

Most people find this period too long, and feel they have no option but to initiate proceedings and assign fault to their spouse to speed up the process.

Fault can include adultery, unreasonable behaviour or desertion. This allegation can create unnecessary hostility and resentment, making it more difficult to agree on essential matters such as finances and childcare.

It also creates misunderstanding as people mistakenly believe that not being the one at fault will be seen favourably, and they assume they will have more rights to assets.

How is the no-fault divorce better?

The main benefit of a no-fault divorce is that irretrievable breakdown will be the sole reason needed, so neither party will be blamed for the relationship ending. This will reduce confrontation, allowing couples to agree terms in a constructive manner.

Although a legal statement from just one spouse will count as conclusive and incontestable evidence, couples will also be able to make a joint application to divorce. This means that the process is more amicable and balanced from the very beginning, increasing the chance of a cordial split.

How will the no-fault divorce help couples?

The no-fault divorce will encourage cooperation, rather than inciting a blame game and escalating complications and ill-feeling when emotions may already be running high. This will set the tone for future discussions which are part of the process and reduce any negative impact for everyone involved.

It will also help in cases where mediation can resolve disagreements, rather than lengthy, stressful and costly court hearings which often result from apportioning fault.

Agreeing out of court will also make it easier for people who can’t (or choose not to) have legal representation. They may otherwise need to draft petitions and complete paperwork which can be confusing and complicated.

Is the no-fault divorce going to be quicker?

The no-fault divorce will decrease the likelihood of delay where the split is amicable, but there will be a minimum of 20 weeks between the initial application and the conditional order, and a further six weeks until the final orders.

The process will take at least six months to complete from start to finish.

What else will change this autumn?

Some of the terms used will be modernised and simplified:

The ‘petitioner’ will be called the ‘applicant’
The ‘decree nisi’ will be called a ‘conditional order’
The ‘decree absolute’ will be called a ‘final order’

Laws regarding financial settlements, childcare and other matters will remain unchanged.

What about civil partnerships?

The laws surrounding the dissolution of civil partnerships will also be updated. They will broadly follow the same approach as no-fault divorce.

Need help?

The AGR Law team are available for virtual appointments if you have any questions about divorce, either now or when the new law comes into effect.

Call us on 0116 340 0094 or email hello@agrlaw.co.uk to find out more.

Brexit transition – changes to the immigration system

By AGR LAWMarch 3, 2021March 15, 2022

From 01 January 2021, the automatic right of people from EU countries to work, live or study in the UK ended. This means all non-British and non-Irish citizens who wish to relocate to England, Scotland, Northern Ireland or Wales will require a valid immigration status.

Visas will be granted using a new points-based method. This replaces the current Tier 1-5 system.

Points will be awarded for:

Having a valid job offer from an employer approved as a sponsor
The job being at the appropriate skills level
Being able to speak English at required level
Earning a minimum salary amount taking into account whether the role is in the shortage occupation list
Holding certain qualifications

For employers:

Amongst other factors, employers must note:

A sponsorship licence will be required to hire most workers from outside the UK
There is no longer the requirement to offer the job to resident labour market
Sponsoring foreign workers will require payment of an Immigration Skills Charge and an Immigration Health Surcharge

There are several routes to gaining a visa:

Skilled worker – to work in a skilled job you have been offered
Global talent – for the most highly-skilled to enter the UK without a job offer
Graduate – for international students who have completed a degree or PhD in the UK from summer 2021
Intra-company transfer (ICT) – allows organisations to move key personnel into the UK on a temporary basis
Start-up and innovator – for individuals or teams setting up an innovative business for the first time (start-up) or with industry experience and at least £50,000 in funding (innovator)
Health and care – similar to the skilled work route, but for those with a job offer from the NHS (or those that provide services to the NHS) or social care sector
Creative – for creative workers with short-term contracts or engagements up to 12-months in length
Sporting – for international sportspeople with a confirmed job offer and a suitable sponsor, plus endorsement from their relevant governing sports body
Seasonal workers – this pilot ran until the end of 2020 and is currently under review
Youth mobility scheme – for those aged 18-30 from one of eight named countries and territories who want to work in or travel the UK for up to two years

Other immigration routes:

Family reunion and asylum will continue outside the points-based system
Students will fall under the students points-based system, which mirrors the current Tier-4 route

What if you are a non-British/Irish citizen already living in the UK?

If you are an EU national and live in England, Scotland, Northern Ireland or Wales before the end of 2020, you need to apply for the EU Settlement Scheme before 30 June 2021.

There are also some minor changes to the rules for people wishing to visit the UK

Coronavirus permitting, people travelling to the UK who are European Economic Area (EEA), European Union (EU) and Swiss citizens will not see any changes to the rules for holiday and business travel until 01 October 2021. They will be able to continue to travel short-term using a valid passport or national ID card, but after 01 October 2021:

Those using a National ID card will need to get a passport unless:
- They have settled or pre-settled status under the EU Settlement Scheme
- They have a frontier worker permit
- They are an S2 Healthcare Visitor
- They are a Swiss Service Provider

Need help?

The expert team at AGR Law are up to date with the latest rules and regulations and are happy to advise you with any enquiries relating to immigration and visas, whether you wish to work, study, live in the UK after Brexit, or bring a migrant worker to the UK.

Give us a call on 0116 340 0094 or email hello@agrlaw.co.uk to find out more.

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Your rights as a cohabiting couple

By AGR LAWMarch 3, 2021March 15, 2022

Most couples live together before tying the knot, or some may choose to move in but not marry at all. They are known as ‘cohabiting couples’ and, although there are over 3 million in the UK, the law does not recognise them in the same way it does people who are married or in civil partnerships.

With weddings and ceremonies postponed, and tensions in some relationships running high, we thought it might be useful to remind you of your rights if you’re part of a cohabiting couple.

There’s no such thing as a common-law marriage

Even if you have been partners for a long time and you have children together, you are not considered a couple in the eyes of the law. It is a myth that you enter a ‘common-law marriage’ after a certain number of years. This is not the case and it can make things difficult in the event of the relationship breaking down.

Property rights

Your home is likely to be the biggest asset you have accumulated throughout your relationship. Your rights to make a claim on it depend on:

Whether you are a joint owner, so both you and your partner’s names are on the deeds
If you have contributed towards it (purchase, upkeep and any major improvements made, such as building an extension) and have proof of doing so
If you have children living at the property

If you and your partner are joint owners, you will have equal rights to remain in the property.

If your partner is sole owner, you have no automatic legal rights. This is a complex area of law and we always advise reaching an agreement between you but, if this is not possible, you can assert your interest in the property by applying to the court. You will need to gather evidence to do this, and the judge will then decide who owns what percentage of the property.

If you have children living in the property and you have parental responsibility, whether granted by the court or received automatically, a judge may allow you and your children to stay in the home for a specified time or until the youngest child turns 18 years old.

Financial rights

Legally, cohabiting couples have no financial responsibility to one another if they separate. Although you may receive support for children from your ex-partner through the Child Maintenance Service, they are not legally obliged to provide any additional money which benefits you personally.

Finances can become further complicated if one or both of you is in debt, you don’t have your own pension or you jointly run a business and can’t agree how it should be divided up.

Parental responsibility rights

At birth of a child, responsibility for a child’s wellbeing and the legal right to make decisions for the child (including where they live, their education, religion, and receipt of medical treatment) is automatically granted to mothers.

Fathers don’t have any responsibility unless the father was registered on the child’s birth certificate, they have a Responsibility Agreement with the mother, or if the court grants him a Parental Responsibility Order.