Law is not a game- the importance of seeking legal advice A High Court judge in Civil Litigation Proceedings recently urged litigants in person to seek legal advice after they made a number of procedural mistakes stating “The law is not a game and it involves both emotional and financial costs”. Family Law usually involves the most important decisions that can be made about your future- arrangements for your children, decisions on housing, income, and investments. It is tempting, especially in the current financial climate to save money on legal fees, to research online, and to represent yourself. There are many benefits to seeking legal advice and many risks in not doing so. Instructing a family law solicitor could save you costs in the long term Seeking legal advice at the outset to consider your options and the best way to present your case can save costs in the longer term and result in a more favourable and quicker settlement. Family solicitors are skilled negotiators, with experience and training to ask relevant questions and identify key issues. Court is a last resort, whilst reaching an agreement through negotiation saves both time and costs. Our aim is to achieve the best outcome for you and your family The breakdown of a relationship is an emotional time. You are unlikely to be best placed to objectively present your own case. A solicitor will work with you, discuss your concerns, advise you, draw out the relevant points to achieve the best outcome for you and your family and then present your case to the other party and if necessary to the court. There are rules and procedures that must be followed Law is complex and constantly evolving. There are rules and procedures that must be followed. Failure to do so can result in costs orders being made or a key point may be missed that affects the outcome. Information found online is not always accurate. A specialist family solicitor will be able to advise you on the current law and any recent changes to procedures. Contact our Family Law team If you need advice or assistance in respect of the above then please do not hesitate to contact the specialist Family Law team here at Browell Smith & Co.
I’ve received a letter from my estranged husband or wife’s solicitor. What do I do next? Reading a solicitor’s letter for the first time can be difficult. It will bring up a range of emotions, uncertainty about the future, confusion over the legal terms used, anger that you do not agree with what has been written. It may also bring a realisation that the marriage has come to an end after what may be weeks of talking or it may be a total shock. Do not ignore the letter This will not make the situation go away and will only result in further letters being sent. If you do not engage with the process there is also the risk of family court proceedings being issued. When a marriage has broken down decisions need to be made. There are financial decisions such as what will happen to the house, savings and pensions along with what income will each person have. There are also decisions about where the children will live and what time they will spend with each parent. Do not reply immediately to the solicitor or to your spouse in the heat of the moment It is tempting to email or phone your spouse’s solicitor to tell them your side of the story but it is important to take time to consider your response and the key points you should make. Do seek your own legal advice This is important so that you can get advice on the issues raised, advice on the options for the future and on the best way to respond. Your solicitor can also respond on your behalf. Do take the opportunity to engage with the process A negotiated settlement where both parties have input into the decisions made about their own future is preferable for the parties and in particular, any children rather than a Judge in a Court deciding what should happen. How can Browells help? The Family Team at Browell’s can assist you with all aspects of family breakdown. If you require advice and assistance then please contact our Family Team on 0191 691 3418 or by email at family@browells.co.uk.
Trans Identity and The Law – Gender Recognition Certificates Here at Browell’s we understand and recognise that your anatomy does not necessarily determine your gender identity. We respect, appreciate and support gender identity and diversity. What is a Gender Recognition Certificate? Under the Gender Recognition Act, it is possible for trans people to affirm their non-natal gender by applying for, and obtaining, a Gender Recognition Certificate. A Gender Recognition Certificate once obtained allows a person to:- Update their birth or adoption certificate if registered in the UK Get married or form a civil partnership in their affirmed gender Update their marriage or civil partnership certificate if registered in the UK;( if their spouse agrees) and Have their affirmed gender on their Death Certificate when they die. In order to be eligible to apply for a gender recognition certificate a person must pass certain criteria:- They must be 18 or over They must have been diagnosed with gender dysphoria in the UK They must have been living in their affirmed gender for at least 2 years at the time the application is made and intend to live in their acquired gender for the rest of their life The Gender Recognition Certificate application process The application process is dependent upon your individual circumstances and by choosing one of the three available tracks. If an application is made using the incorrect track, then this could prove costly both financially and in terms of delay in the application. How our Family Law team can help The Family Team at Browell’s can assist you with the process of obtaining a Gender recognition certificate. Please contact Family Team on 0191 691 3418 or by email at family@browells.co.uk