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**Every year, more than 100,000 marriages in England and Wales end in divorce.**

If it's happening to you, you are not odd, you are not unusual and you are certainly not alone. But that doesn't mean you won't be worrying about the future, frightened about finances, concerned for your home and worried about your children.

The law in this area is complex and rapidly changing to reflect society's changing social mores and lifestyle choices. You may wish to instigate proceedings to end an unsatisfactory relationship, or you may be on the receiving end of a divorce petition from your spouse.

Sital will advise you on the most cost-effective and efficient way of proceeding with a divorce/dissolution of a civil partnership, taking your individual circumstances into account.

Sital offers expertise in all areas of family and divorce law and issues arising from the breakdown, including:

- ‘No fault’ divorce proceedings 
- Contested divorce proceedings
- Uncontested divorce proceedings
- Nullity and Judicial Separation
- Arrangements for children following a Divorce or Separation
- Financial arrangements on separation and divorce
- Pre-nuptial agreements and pre-civil partnership agreements
- International issues that may affect a Divorce or Separation 
- Child abduction

**Divorce law changed in April 2022 to a ‘No Fault’ divorce system.**

## No Fault Divorce
After being announced in 2019, no fault divorce came into effect in England and Wales on 6th April 2022.

No fault divorce means that those seeking to end their marriage or civil partnership no longer need to blame each other for the breakdown of their relationship.

### How does no fault divorce put an end to the ‘Blame Game’?

Under the previous law, separating couples had to choose one of the below 5 reasons to secure a divorce:

* 2 years separation
* 5 years separation
* Adultery
* Desertion
* Unreasonable behaviour

With the new no fault divorce law, we leave behind the fault-based system of blaming one person for the breakdown of the relationship, and now couples no longer have to rely on one of the 5 reasons mentioned above to get divorced. The new law puts an end to the blame game and allows parties to take a more constructive approach to separation.

Another key change to the legislation is that it is no longer possible to object to an application for a marriage or civil partnership to be brought to an end.

### Am I eligible for a no fault divorce?

Anyone entitled to a divorce in England and Wales will now be able to apply for a no fault divorce.

How will no fault divorce work in practice?

* The previous ‘Decree Nisi’ is now a ‘Conditional Order’ and ‘Decree Absolute’ has become a ‘Final Order’.

* The ‘Petitioner’ (the person submitting the application) has become the ‘Applicant’.

* The requirement to establish one or more facts to prove an irretrievable breakdown of the marriage has been removed.

* The change has introduced joint applications when both couples agree that the relationship has broken down.

* Neither party is able to object to a divorce or separation.

* The change has introduced a minimum 20-week period from the start of the proceedings to when the ‘Conditional Order’ can be made.

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We're here to fight your corner and provide easy to understand advice.

A separation can have a devastating emotional impact on both parties, not to mention any children involved. What should never be overlooked no matter how easy the temptation, is to consider the financial needs of both spouses and the children. No two cases are ever the same. This is a complex area in which Sital can help you straight away. A financial settlement on divorce will be tailored first to meet a couple’s reasonable needs. A settlement is only very rarely affected by marital misconduct. Please note that adultery is not a basis for increasing a financial settlement. All the income and assets of the parties must be quantified and decisions made on the future requirements of both spouses and their children.

Agreements can be reached about the division of all assets such as a home or homes, business interests, investments in companies, pensions, trusts, offshore assets, and both parties' incomes including future earnings. Financial settlements should be flexible and fair to both sides. Payment of spousal maintenance, child support, lump sums, transfers of property, share transfers and pension sharing will follow an agreement or court order. Sital will review all of these areas in detail for you.

The law is ever evolving in its interpretation and application but it will come down to one simple question. What is a fair division for this particular couple and their children? How much do they both reasonably need moving forward and how should the income and assets be fairly shared between them?

In most cases the assets are easily identified and valued, income disclosed, expenditure budgets and capital needs for both parties determined going forward. Usually, after negotiation, an agreement is reached. Difficulties can arise particularly in more complex cases, such as:

- Where the assets are located
- What they are really worth, if disputed
- Whether they are regarded in law as “matrimonial” or “non matrimonial” (whether they have been earned prior to the marriage, after the separation, or come from family gifts or inheritances)
- To what extent all assets should be shared and in what proportions
- Whether assets are liquid and easily realisable
- Whether there are enough assets to fund a clean break without continuing spousal maintenance
- The impact of a pre-nuptial agreement

Some cases involving high net worth individuals involve interests in differing types of trusts, both onshore and offshore, and interests in a web of companies, whether formed before or after the marriage and offshore assets which are not easily realisable even with an English Court Order. In complex assets cases, the case might begin with a discussion as to which country will provide the best solution and if in England, an injunction and other action could be taken to protect the status quo until the case is resolved.

In all cases, the English Court will require full and frank disclosure on the part of both parties, to each other and to the Court as part of the initial process. All the income and assets of the parties will be taken into account, including in more complex cases, interests in companies, trusts, pensions, properties, income distribution from all sources, on and offshore assets, contents and valuables.

It is imperative to assess not only the immediate short-term impact a separation will have including if necessary payment of litigation funding, spousal and child maintenance but also as the case progresses to consider the longer-term future needs of both spouses and children by reference to their standard of living enjoyed during the marriage. If there are sufficient assets to sever all ties, a “clean break” solution may be the outcome. Even then there is no formula for a clean break. A 50/50 division may only be a starting point. If a clean break is not possible, continuing maintenance may be a possibility, whether for life or until re-marriage or such period as may be agreed or ordered by the Court.


Sometimes in view of the emotions involved in marital breakdown, there is a reluctance to give disclosure or the assets may be deliberately hidden or undervalued. Sometimes assets are not disclosed at all.
Sital specialises in complex or high net worth cases and she understands how to approach a case from the perspectives of the bread winner and the home maker.

In all cases Sital does her best to resolve your case whether by negotiations or working alongside other highly skilled professionals such as barristers, valuers, and counsellors as appropriate. There will be some cases where the Court room will be necessary; you should not be afraid to litigate and you should not suffer in silence. Sital will be there every step of the way.

Sital specialises exclusively in financial and property matters. She deals with of all levels of complex matters in financial relief following divorce or judicial separation:

- Periodical payments (Maintenance)
- Transfer of Property-Adjustment Property Ownership
- Pensions
- Freezing of Assets
- International Assets
- Appealing a final order
- Property disputes between unmarried couples
- Separation Agreements
- Prenuptial Agreements

Financial & property settlements following separation

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We can help you legally determine how your assets will be managed and how to distribute them after your death. Since it is impossible for anyone to explain a Will after their death, it is very important that the Will meets all legal requirements and also what your wishes are. 


Your will provides re-assurance that your affairs will be taken care of after your death.

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).

You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.

You do not need to live in the UK or be a British citizen.

There are 2 types of LPA:
- health and welfare
- property and financial affairs

You can choose to make one type or both.

Appoint someone to make decisions on your behalf

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Important decisions regarding children – their living arrangements, schooling, with whom they should spend time with and for how long for can be incredibly difficult to make, especially in the midst of an acrimonious divorce/separation.

Sital advises our clients on the options available to them as parents, and helps clients to resolve any contested issues raised in relation to children.

Sital  has the practical insight and expertise of orders under the Children Act 1989 as amended by the Children and Families Act 2014 and specialises in difficult and intractable cases concerning children issues arising on divorce or separation such as Specific Issue Orders, Prohibited Steps Orders, Parental Responsibility Orders, internal and external relocation applications, Child Arrangement Orders (formerly known as Residence and Contact orders) and Child Abduction Matters.

Sital also assists clients with contact issues that may arise months or even years after a divorce has been finalised. These include cases where one parent wishes to move with the child to another part of the UK, or even to another country.

If you and your ex-partner cannot agree about financial or other arrangements that affect your children, either of you can apply to the Court to decide any issue about the children’s care and well-being. For example, you may disagree about which school your child should go to, or whether your child should have a particular course of medical treatment.

In cases involving children, Court action should be used as a last resort and the welfare of the children will remain the primary consideration.

Sital offers confidential and independent advice, and if the local authority or police become involved, she can assist you. 

Sital can offer advice and representation in all areas of Children Law including:

- Parental Responsibility Orders 
- Child Arrangement Orders – living with and spending time with
- Special Guardianship Orders
- Legal Rights for Grandparents
- Prohibited Steps Orders, including removal from the jurisdiction and injunctive relief.
- Specific issue orders, including contested medical treatment and prevention of a change of name or relocation to another part of the country or out of England and Wales 
- Care Orders and Emergency Protection Orders, including emergency hearings
- Supervision Orders
- Secure Accommodation Orders
- Child Protection Investigation
- Adoption
- Child abduction

Helping you navigate complex child and adoption laws

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Sital approaches each case with a level of understanding only achievable through specialising in Child Care law. Whether involving social services, or a private law matter, it is important to be represented by someone who understands how the law may affect you and your family.

Sital advises and represents parents, other family members, children and Children’s Guardians in all public law proceedings. These include proceedings where the Local Authority has applied for Emergency Protection Orders, Care Orders or where parents apply for contact with children in care and discharge of Care Orders. Sital can also advise and assist where children are voluntarily accommodated and will attend Child Protection Conferences. Sital is there to support parents and provide them with advice and empower them during this difficult time.

Full public funding is usually granted to all parents and children involved in public law cases, regardless of financial means. If you are faced with an application made by the local authority, Sital will ensure that public funding is applied for on your behalf. 

Sometimes, parents are unable to care for their children either permanently or temporarily – and in such cases, parents may approach Social Services to accommodate children.

Under Section 20 of the Children Act 1989, Local Authorities have a legal obligation to provide accommodation in certain circumstances, including:
- If a child has been abandoned by their parents or is separated from their parents
- If a child’s parents are temporarily or permanently unable to care for them
- There is no adult with Parental Responsibility for a child.

In such cases, Social Services can step in and accommodate a child either in a residential care home or with foster parents.

A child’s parents or those with parental responsibility for a child must first give Social Services permission to arrange accommodation for their child. Parents will retain parental responsibility once their child has been found accommodation by the Local Authority.

Parents have the right to ask for their child to be returned, but in some circumstances Social Services might not comply with this request or might delay taking action to return a child to their parents.
In these cases, disputes can easily arise over the care arrangements for a child who has been given accommodation under Section 20 as well as any contact parents have with their child once they have been placed in accommodation or with a foster family.

In some cases, Local Authorities may even consider putting children who have been voluntarily accommodated up for adoption.

It is advisable for parents considering asking the Local Authority to take their child into voluntary care to take legal advice before doing so. 

Sital has extensive expertise in child care matters – including the issues around children taken into Local Authority care and children voluntarily accommodated.

### In the last 10 years, there has been a marked increase of cohabiting couple families of 25.8%.

Sital assists a vast number of cohabiting couples. Some wish to draw up a cohabitation agreement to clarify the ownership of shared assets. Others seek practical advice and legal assistance after a relationship has broken down or a partner has died.

As the marriage rate in England and Wales continues to decline, the number of unmarried, but cohabiting couples continues to rise. Currently, if a cohabiting couple’s relationship breaks down, there is no law in place tailored to their needs and any children they may have together. In the event of a property dispute, trust and land law is applied.

## Cohabitation Agreements
If you do not wish to marry your partner, or cannot do so, you should consider taking steps to ensure that your partner and any children will be provided for, should anything unexpected happens.

Consult Sital, to ensure that a cohabitation agreement is correctly drafted and given full legal effect.

For example, if you are about to purchase a property with a new partner, it is essential that before the purchase takes place, ownership of that property is agreed and reflected in an appropriate declaration of trust. As former cohabitees, have discovered to their cost, raising arguments about what may or may not have been agreed years before is unlikely to sway the Court without the clearest evidence in support.

Whenever Sital assists her clients with cohabitation agreements, she also makes additional recommendations to safeguard their assets and intentions. For example, Sital recommends that every cohabiting client makes a will and insures his or her life. The latter is especially important if you are a financial provider, with dependents or other financial obligations.

## Relationship Breakdown for Cohabiting Couples
It is important to understand that cohabitees, no matter how long they have been living as ‘husband or wife’, are not afforded the same rights upon the breakdown of the relationship as those which arise on divorce. Sadly, the current law does not recognise “common law spouses.”

As a result, the breakdown of a relationship can have serious financial consequences for a dependent cohabitee. There is no maintenance, and no automatic entitlement to make property, capital or pension claims. The children of such a relationship may be left at a financial disadvantage.

There are, however, some remedies, for instance, applications may be made on behalf of the children under the Children Act 1989.

Your legal rights may depend on your marital status

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##### Sital has extensive experience in all kinds of adoption cases, whether it be step-parent or adoption from care, she will be able to offer advice on the best course of action for your individual circumstances.

Sital is approved by and a member of key associations which enhance her ability to help you, including: The Law Society Family Law Advanced Panel and a member of Resolution.

Adoption is a complicated process and it is important to seek expert legal advice to ensure that you are prepared for all eventualities.

Anyone over the age of 21 is eligible to be considered to adopt if they can provide a permanent, stable, caring and loving environment for a child. An assessment to ensure you are capable of providing for a child’s needs will be undertaken but you cannot be ruled out for consideration based on: marital status, employment, race or religion, sexuality, age or disability.

Children under the age of 18 are eligible for adoption, unless they are or have been married.
Sital can offer you assistance in the following:
- Step parent adoption
- Adoption by relatives
- Adoption from care
- Same sex couple adoption
- Post adoption problems
- Special guardianship orders

Victims of domestic violence frequently feel helpless and taking action against a domestic abuser can seem like a huge step especially when it maybe someone who they continue to love or is a parent of their child or even continue to live together. 

Please do not think that you are alone and suffer in silence. Victims of domestic violence are protected under the Domestic Violence, Crime and Victims Act 2004 (DVCVA). There are a number of Court Orders which can protect domestic violence victims from further abuse and intimidation, including:

- Non-molestation order - this is aimed at preventing the abuser from using any threatening violence against you or your child or from intimidating, harassing or pestering you. This helps promote your safety and well-being both for you and your child.
- Occupation order - this regulates who can live at the family home and can also restrict the abuser from entering the surrounding area. If you do not feel safe continuing to live with your partner or if you have left home due to violence but wish to return and exclude the abuser this order should be sought.
If a court order is granted, any breach of the order by an abuser may result in the abuser being filed or even imprisoned by the Court.

Sital can also advise on:
- Domestic violence on children
- Domestic violence in same sex couples

## What is domestic violence?
Domestic violence can occur in relationships in which people live in the same household or share an intimate relationship, including:
- Domestic violence in heterosexual or same sex/LGBTQ couples
- Abuse between girlfriends and boyfriends who do not live together
- Harassment by former partners
- Abusive relationships between parents and children
- Abuse against elderly family members
- Abuse between flatmates/lodgers
- Female genital mutilation/forced marriage

Domestic violence may also include different types of behaviour which is intended to threaten and intimidate or cause harm to the other party, including:
- Controlling and coercive behaviour
- Criminal damage to property
- Emotional abuse
- Financial abuse
- Harassment and intimidation
- Physical abuse/injury
- Psychological abuse
- Sexual abuse
- Stalking
- Verbal abuse

Domestic violence may involve one or more of the above and it is important to take legal advice on tackling domestic abuse before the situation escalates. 

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Thee Courts can, under the Children Act 1989, grant a Special Guardianship Order (SGO) to couples or an individual, which confers on them shared Parental Responsibility with the child’s birth parents.

Special Guardianship Orders are often used if a child is not able to live with their birth parents perhaps because of illness or family breakdown but the courts consider that it would be in the child’s best interest to appoint a Special Guardian(s) to ensure the child has a secure upbringing.

An SGO is different from adoption because legally the relationship between a child and their birth parents is ongoing. In adoption, the legal relationship between a child and their birth parents ends once the child is adopted. Relatives of a child can apply to be their Special Guardian which may involve grandparents, an uncle or aunt, or a godparent or a close family friend applying to the court for a Special Guardianship Order.

There are legal requirements which must be met before an individual or couple can apply for an SGO, including:
- A minimum age requirement of 18
- Individuals and couples must already be a guardian to the child
- A Child Arrangement Order specifying residence must be in place
- The child must have lived with a couple or individual for three out of the last five years or for one year in the case of Local Authority foster parents
- The local authority must consent to the SGO application for children in care.

If parents or those with Parental Responsibility give their permission, then an SGO can also be applied for however, the law does not allow a parent (for example, a non-resident parent) to become a child’s Special Guardian.


## The Child Welfare Checklist
The Local Authority will provide a report on the suitability of the Applicant for an SGO for the Family Court to consider. Family Courts always give the welfare of a child priority in any decision regarding childcare, including SGOs.

Under the Children Act 1989, a Child Welfare Checklist will also inform the Court’s decision and the Court will consider the child’s wishes, taking into account their age and understanding of what is happening. The Child Welfare Checklist will also take into account the child’s physical, emotional and educational needs and whether the applicant for Special Guardianship can meet those needs. The Court will also consider any abuse the child has suffered as well as how any change in circumstances might affect the child.

Applying for a Special Guardianship Order can require expert legal help to prepare the application and make sure that a local authority and Family Court have all the relevant details needed to assess an application to become a child’s Special Guardian. Parents and individuals applying for an SGO must also consider whether being a child’s Special Guardian would suit their own needs particularly if there is no family relationship with the child, whose birth parents would still share Parental Responsibility with the Special Guardian.
SGOs last until the child is 18 and Sital can advise couples and individuals who are considering applying for a Special Guardianship Order on preparing the application, as well as advising on their legal obligations as a Special Guardian.


When a child may be unable to live with their birth parents

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An annulment is a court order which ends a marriage or civil partnership. Once secured, this would mean that a marriage never existed. There are cultural or religious reasons why people may prefer to get an annulment instead of a divorce. An annulment declares a marriage has no validity in law whilst a divorce is a legal process of ending a marriage.

## The Conditions for Getting an Annulment
Certain conditions must be present before you can get an annulment. An annulment can only be obtained in limited circumstances. You or your spouse must have either lived in England or Wales for at least a year or have had a permanent home in England or Wales for at least 6 months. An annulment must be applied for within a reasonable period of time. This is usually within 0-3 years of marriage. If a significant amount of time passes, you may need to explain why you waited so long before you applied for an annulment.

## The Grounds for Getting an Annulment
An annulment can be sought where the marriage was legally invalid or becomes voidable.

A marriage is legally invalid where:
- You are closely related to your spouse;
- You or your spouse are under 16; or
- You or your spouse were already in a marriage or civil partnership.
- A marriage becomes voidable where:
- The marriage was not consummated;
- The marriage was not consented to;
- You or your spouse had a sexually transmitted disease (STD) when you got married;
- You or your spouse got pregnant by someone else when you got married; or
- You or your spouse are transitioning into a different gender.

Talking about Wills can be very daunting and not an easy conversation. A Will is one of the most important documents that you will create in your lifetime. Essentially it is a legal document that allows you to state what you wish to happen to your assets (your money, property, investments and possessions) as well as your young children after you have passed away. Ultimately, a Will gives you peace of mind that your wishes will be carried out and that your loved ones are cared for, but many of us put it off, which can cause problems later.

## What happens if I die without a Will?

Without a will when you die, your estate will be divided in accordance with the rules of intestacy.

The rules of intestacy allow the government to decide who gets what. If you have no living family members, all your property and possessions will go to the Crown. If you have children under 18 years old, other people can make decisions about who will take care of your children and manage their finances, living arrangements and their education.

## How do I make a Will?

When making a will, it is important that you have a qualified Lawyer or Solicitor who specialises in Wills and Estate Planning by your side to make the process as easy and smooth as possible.

When considering your Will it is important to be aware that your it can deal with a whole number of matters relating to your estate as follows:
* Appoint executors – this is somebody you nominate to carry out the wishes in your will
* Funeral wishes
* Appointment of guardians for your children if they are under the age of 18
* Protection for your pets
* Protecting your property
* Protecting a vulnerable beneficiary
* Creation of trusts – asset protection
* Distribution of personal effects such as jewellery, photographs, a car, your record collection etc.
* Gifts to charities
* Specific gifts of money to family or friends
* What happens to your digital assets – Facebook, YouTube, Bitcoin, iTunes library etc.
* Provision for spouse or civil partner


# Probate

In simple terms Probate is a document which gives the legal authority to manage the estate of a person who has passed away.

The Grant of Probate is applied for by the executors named in the deceased’s Will or the person with the authority under the rules of intestacy when someone dies without a will.

An executor is responsible for all legal and financial responsibilities within the estate as follows:

* Securing any property owned by the person who has died (deceased) and ensuring there is adequate insurance in place
* Completing a schedule of all assets held in the name of the deceased
* Obtaining accurate valuations of all assets as at the date of death
* Completing Inheritance Tax accounts
* Completing Probate papers
* Arranging payments of inheritance tax
* Collecting in all assets and money due to the estate
* Selling or transferring property
* Paying any outstanding taxes and liabilities
* Obtaining clearance from HM Revenue and customs
* Completing full estate administration accounts
* Distributing the estate to the beneficiaries named in the will (or the beneficiaries under the rules of intestacy if there is no Will)

## When is Probate required?

A Grant of Probate is required on assets in the sole name of the deceased.

All banks, building societies and other financial institutions have different thresholds for when Probate is required. For example, if your father or mother’s bank account has £15,000 remaining when they died and the bank’s threshold for Probate is £30,000, it is likely that you will be able to access these funds without requiring a grant of probate.

Probate is nearly always required on assets over £30,000 and of course on any property owned in the sole name of the deceased.

## The Probate Process

Probate and Estate Administration can involve complex legal work which can be broken down into separate stages:

*  **Stage One**: Arranging the valuation of all the deceased’s assets to include property, personal effects, bank accounts, investments and shares and obtaining up to date valuations of all liabilities such as loans, mortgages, and any other liabilities. This is to ascertain the value of the Estate.
* **Stage Two**: Confirming the validity and terms of the deceased’s Will, or the authority and beneficiaries under the Rules of Intestacy (if they died without a Will) and obtaining identification for all Executors/Administrators and Beneficiaries.
* **Stage Three**: Completing the correct inheritance tax account. This is required regardless of whether there is any tax payable and there are a number of different forms to complete, depending on the value of the Estate and the tax exemptions which are available to be claimed.
* **Stage Four**: Paying Inheritance Tax to HM Revenue & Customs which is required prior to the Court issuing the Grant of Probate.
* **Stage Five**: Completing the Probate papers and making the application to the Court for the Grant of Probate.
* **Stage Six**: After the Grant of Probate has been issued, all assets in the Estate can be realised, property sold or transferred, and liabilities settled.
* **Stage Seven**: HMRC can be accounted to for any final balance of Inheritance Tax due to or from the Estate.
* **Stage Eight**: An application can be made to HM Revenue & Customs for clearance.
* **Stage Nine**: Estate administration accounts will be prepared showing all monies in and out of the Estate and confirming the balance due to the Beneficiaries. These will be sent to the Executor/Administrator for approval.
* **Stage Ten**: Subject to there being no challenges to the Estate or any investigation by HM Revenue & Customs which could prevent distribution of the Estate at this stage, the Executors/Administrators will be reimbursed for any expenses and the balance of the Estate distributed among the Beneficiaries.

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# Buying or selling a property?

Whether you’re buying your first flat, a new family home or the luxury property of your dreams. With Signature Law, moving house can be a surprisingly simple and straightforward experience.

At Signature Law, we bring substantial expertise to the table for all residential property matters, whether you're engaged in personal sales, purchases, or building an investment portfolio. Our mission is to streamline the property buying process, ensuring efficiency and speed while upholding the highest standards.

Our Conveyancing Team will handle and take care of all the legal paperwork for you and ensure that your property sale or purchase, completes smoothly. 

Our Team will: 
- Handle the contracts 
- Give legal advice
- Carry out local council searches
- Deal with land registry
- Transfer the funds to pay for your property.

In our commitment to providing a swift, efficient, and cost-effective service, we've made significant investments in technology and training. This benefits both sellers and buyers, as well as landlords and tenants.

Our advanced systems ensure the prompt progression of your matter, with accurate and swift production of documents and correspondence. This allows us to focus on crucial title matters and other investigations while keeping you fully informed about the progress of your transaction.

At Signature Law, we strive to maintain a friendly and approachable atmosphere, minimizing formality and steering clear of technical jargon wherever possible. Simultaneously, we guarantee the protection of our clients' interests in what is often the largest and most intricate financial transaction they'll ever make.

## Our Services Include:
Sales and purchases of both freehold and leasehold property, including flats and shared ownership property.
Assistance with purchases under the Help to Buy Scheme.
Transfers of property from single to joint ownership and vice versa, including transfers subject to mortgage.
Handling mortgages and re-mortgages, including buy-to-let mortgages.
Equity release mortgages.
Tenancy Agreements.

### FAQ’s
#### What is conveyancing?
Conveyancing is the name given to the legal and administrative process of transferring property ownership from one owner to another.

#### Do I need a conveyancer?
Buying or selling a home involves a complicated legal process that must be followed properly to ensure your home purchase or sale is legally valid.

#### Is conveyancing expensive?
The cost of conveyancing services ranges from £500 to £2,500, depending on the level of support you need, the value of your property, and whether you are part of a chain or buying your first home.
For a personalised quote, contact our team on 01708 398851

#### Is the conveyancing process time consuming?
Whether or not conveyancing is a time consuming process depends on your particular circumstances, including who is involved in your house sale and whether either the buyer or seller has another property to sell before they can proceed.
Signature Law understands how stressful buying and selling a home can be and will always strive to ensure your purchase or sale proceeds as quickly as possible.

#### What happens when you exchange contracts on a house?
When you exchange contracts, the house sale becomes legally binding and it is rare from that moment for house sales to collapse because there would be financial implications for one or other of the parties if it did.
If you are buying a house, the contract exchange will take place between you and the seller (and you and the person buying your old property, if you have one). Usually, the conveyancing solicitors representing each party call each other to make sure the contracts are aligned before transferring your deposit to your seller’s solicitor.

#### How long does it take to exchange contracts on a house?
Unfortunately, there is no set time scale for exchanging contracts on a house – it can take a day or several weeks to complete. Our team will always move quickly to ensure the whole thing is as quick and as stress-free for you as possible.
For more information about Signature Law’s conveyancing services call 01708 398851.


# Residential Conveyancing Pricing

The prices referred to below are estimates of our fees for a standard, straightforward purchase or sale and assumes your property is already registered with the Land Registry. Our fees cover all of the work required to complete the sale or purchase of your new home, including dealing with registration at the Land Registry and dealing with the payment of Stamp Duty Land Tax (Stamp Duty) if the property is in England or Land Transaction Tax (Land Tax) if the property you wish to buy is in Wales.

If unforeseen matters are arising additional fees may be incurred, including for example (but not limited to):
a defect in title which requires remedying before completion of the preparation of additional documents ancillary to the main transaction;
This is the assignment of an existing lease and is not the grant of a new lease
The transaction is concluded promptly and no unforeseen complication arises
All parties to the transaction are cooperative and there is no unreasonable delay from third parties providing documentation
No indemnity policies are required. Additional disbursements may apply if indemnity policies are required

## Purchase Prices Fees Range

- £0- £250,000	__________**£850.00 +VAT**
- £250,001 – £500,000 ___**£1,050.00 +VAT**
- £500,001 – £750,000 ___**£1,250.00 +VAT)**
- £750,001 – £1 million___**£1,500.00 +VAT**
- £1 million +	___________**1% of the sale price +VAT**


Please note the above range prices are just a guide and you will receive a quote upon taking your instructions.

### Additional Costs
For example;
Fee for completion of stamp duty forms of £100.00 +VAT 
Bank transfer fee £35.00 +VAT 

### Disbursements (expenses)
There will be additional expenses that generally will apply as follows:
Stamp duty, where applicable, will also be payable.

You may calculate the sum due at https://www.gov.uk/stamp-duty-land-tax.

Local Search average fees – between £300.00 – £500.00 +VAT (dependent on the Local Authority) which includes local authority, water and drainage, environmental and chancel

Land Registry search fees ranging from £3.00 – £12.00

Land Registry registration fees generally between £20.00 to £500.00 dependent on the purchase price

Bankruptcy search – £2 for each name

Priority search – £3

Fees to management company/landlord’s solicitors (leasehold properties)

i) Notice of transfer fee (usually between £150- £300) +VAT and the exact figure is dependent on the Landlord/Management Company fees list.

ii) Notice of charge fee (mortgaged property) usually between £150 – £300 +VAT

iii) Deed of covenant fee – estimates vary depending on the management company but usually between £250 – £500 +VAT

iv) Certificate of Compliance fee – estimates vary depending on the management company but usually between £100 – £300 +VAT

### Sale Prices Range

- £0- £250,000 _____________**£750.00 +VAT**
- £250,001- £500,000 ______**£1000.00 +VAT**
- £500,001 – £750,000______**£1,250.00 +VAT**
- £750,001 – £1,000,000____**£1,500.00 +VAT**
- £1 million +	_____________**1% of the sale price +VAT**


Please note the above prices are just a guide and you will receive a quote upon taking your instructions.

#### Additional Costs
For example;
Bank transfer fee £35.00 +VAT

#### Disbursements (expenses)
There will be additional expenses that generally will apply as follows:
Land Registry office copy entries £6 (freehold) £12 (leasehold)

Fees to management company/landlord’s solicitors (leasehold properties)

i) Deed of covenant fee – estimates vary depending on the management company but usually between £250 – £500 +VAT

ii) Certificate of Compliance fee – estimates vary depending on the management company but usually between £100 – £300 +VAT

iii) Management company pack – this is sent by the management company to the seller’s solicitors and can take some time to be produced.  Cost varies significantly between different management companies but can usually range between £300 – £500+VAT

iv) Resale/LPE1 pack/management company pack – £300.00 – £500.00 +VAT and the exact figure is dependent on the Landlord/Management Company fee list

### Remortgage Prices Range
£500 – £850 +VAT
Please note the above prices are just a guide and you will receive a quote upon taking your instructions.

#### Additional Costs
For example;
Bank transfer fee £35.00 +VAT

#### Disbursements (expenses)

There will be additional expenses that generally will apply as follows:

Local Search average fees – between £300.00 – £500.00+VAT (dependent on the Local Authority) which includes local authority, water and drainage, environmental and chancel

Land Registry search fees ranging from £3.00 – £11.00

Land Registry registration fees generally between £20.00 to £500.00 dependent on the purchase price

Bankruptcy search – £2 for each name

Priority search – £3

Fees to management company/landlord’s solicitors (leasehold properties)

i) Notice of charge fee (mortgaged property) usually between £150 – £300 +VAT
Additional fees will apply for the below type of instructions

## FAQ’s
### How long will my house purchase take?
How long it will take from your offer being accepted until you can move into your property depends on a number of factors.  The average process takes from eight to sixteen weeks, with leasehold transactions taking a further three to four weeks.

It can be quicker or slower, depending on the parties in the chain.  For example, if you are a first-time buyer, purchasing a new build property with a mortgage in principle could take 16 – 20 weeks.  However, if you are buying a leasehold property that requires an extension of the lease, this can take significantly longer, between three and eight months. In such, a situation additional charges would apply.

#### Stages of the process
The precise stages involved in the purchase of a residential property vary according to the circumstances.  

However, below we have outlined the main key stages for your information:

Take your instruction and give you initial advice
Check finances are in place to fund purchase and contact lender’s solicitors if needed
Receive and advise on contract documents
- Carry out searches
- Obtain further planning or other relevant documentation if required
- Make any necessary enquiries of seller’s solicitor
- Give you advice on all documents and information received
- Go through conditions of mortgage offer with you
- Send final contract to you for signature
- Agree on completion date (date from which you own the property)
- Draft Transfer
- Exchange contracts and notify you that this has happened
- Advise you on joint ownership
- Obtain pre-completion searches
- Arrange for all monies needed to be received from the lender and you
- Complete purchase
- Deal with payment of Stamp Duty or Land Tax
- Deal with application for registration at Land Registry

Please contact our Residential Team on 01708 398851 or via our enquiry form to provide details of your transaction and to receive our estimate of fees.

Purchase Price Table.jpg

# Probate – Range of Costs & Fixed Fees

### Applying for the grant
The fees outlined below relate to work for uncontested cases where all the assets are in the UK. It is the firm’s practice to charge a fixed fee of 1% which attracts VAT at the rate of 20% of the gross value of the estate plus disbursements up to obtaining the Grant whether the estate is required to pay inheritance tax or if no inheritance tax is payable and the executors do not need to submit a full account to HMRC. 

The fixed fee is for estates where:

- There is a valid will
- There is no more than one property
- There are no more than six bank or building society accounts
- There are no other intangible assets
- There are between 1-4 beneficiaries
- There are no disputes between beneficiaries on the division of assets.  If disputes arise, this is likely to lead to an      increase in costs.
- There are no claims made against the estate

Disbursements included in this fee:

Probate application fee of £273 plus £1.50 for each sealed copy of the Grant required.  We usually suggest that at least five sealed copies are obtained;

£7 swearing of the oath (per executor)

Disbursements are costs related to your matter that are payable to third parties, such as court fees.  We handle the payment of the disbursements on your behalf to ensure a smoother process.  

We may advise other disbursements are required (some but not limited to those referred to below) should we also be instructed to deal with the collecting in and distributing of assets after the Grant has been obtained.

#### Potential other additional costs (not intended to be exhaustive)
If there is no will or the estate consists of any shareholdings (stocks and bonds), there is likely to be additional costs that could range significantly depending on the estate and how it is dealt with. We can give you a more accurate quote once we have more information together with any applicable VAT at 20%.

Dealing with the sale or transfer of any property in the estate is not included.
Any inheritance tax payable.  
You may wish to consider the potential inheritance tax liability in relation to the estate by visiting the government online inheritance tax calculator.

#### Collecting and distributing the assets after the Grant
If the firm is instructed to collect and distribute the assets after receipt of the Grant of Probate, this will include discharging the liabilities and dealing with the distribution of the estate to the beneficiaries.

Our costs for dealing with the administration of the estate following receipt of the Grant will be charged at the hourly rate of £350.00 and this rate attracts VAT at the rate of 20% (Director), £300.00 and this rate attracts VAT at the rate of 20% (Senior Solicitor/Legal Executive) or £250.00 and this rate attracts VAT at the rate of 20% (Solicitor) and disbursements.  

However, our costs will be dependent upon a number of factors – a number of beneficiaries, amount of assets (e.g. where these are held – bank accounts, shareholdings, savings bonds, ISAs etc.) and the amount and nature of any liabilities.  We will be able to provide you with our likely costs for dealing with this part of the administration of the estate should you wish to instruct the firm. 

#### Disbursements
- Bankruptcy – only – Land Charges Department searches – £2 for each beneficiary
 
- £96 inclusive of VAT at the rate of 20% fee for placing a notice in The London Gazette – this protects against unexpected claims from unknown creditors
 
- £144 – £410 +VAT fee for placing a notice in a Local Newspaper – this also helps to protect against unexpected claims.
 
- Other potential costs (not intended to be exhaustive):
 
- Inheritance tax (where payable)
 
- Other taxes

- Preparing and filing tax returns

The above prices shown are those quoted as standard, but these may be subject to amendment in the event that the estate becomes complex or there are additional unexpected or un-anticipated requirements from you or third parties.

#### How long will this take?
On average, obtaining the Grant is likely to take between 3-6 months although this is very much dependent on any delays with HMRC where inheritance tax is relevant and the Probate registry.

Should the firm also be instructed to deal with the full administration – collecting and distributing the assets -, this will take on average between a further 4-6 months.  However, this is dependent on how complex the estate is or additional unexpected or unanticipated requirements from you or any third parties.
