Family Archives - Solicitors Near Me

What Is Maiden Name?

“Maiden name” is a phrase that appears on large numbers of legal documents. But what is a maiden name?

Here is everything you need to know about the term and where it might appear:

What Is A Maiden Name?

A maiden name is the pre-marriage surname of a woman who chose to take her husband’s surname after they got married. In other words, it is a woman’s family name before she got married and took her husband’s.

In the UK, a woman’s maiden name is likely to be the one that’s written on her birth certificate.

To be connected to a specialist family law solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Is A Maiden Name A Last Name?

Yes, a maiden name is a last name. But it is used specifically only for women who have since taken a married name.

Your Maiden Name – Meaning

It is traditional following marriage in many faiths practised in the UK as well as in secular ceremonies that the woman takes the man’s surname.

This remains the norm. But in modern times, it is by no means a guarantee. It is increasingly common:

For both spouses to keep their original surnames
To create a new “double-barrelled” surname by combining both spouses’ surnames

After divorce, both former spouses can choose to keep their married name or revert to the name they used before they got married. In this case, this may mean the woman retakes her maiden name.

Do Men Have Maiden Names?

There is no equivalent of a maiden name for men. Traditionally, a man did not take a woman’s name following marriage so there was no need for the concept of a man’s maiden name to arise.
What is the mother’s maiden name?

Your mother’s maiden name would be the surname that was listed on her birth certificate – her surname before she was married (possibly to your father).

This was also a common security question asked by many banks and similar institutions. The idea was that this information was difficult to locate. Today, however, the internet has degraded its usefulness. A quick search query can usually discover what anyone’s mother’s maiden name is.

Can I Use My Mother’s Maiden Name In The UK?

Under UK law, there aren’t really any restrictions on changing your surname. Thus, if you want to start using your mother’s maiden name, there is nothing stopping you. The only stipulation the law makes is that you should notify the authorities of your decision to do so.

You can change your surname by Deed Poll or by using a Statutory Declaration (this is a kind of legal statement that you sign in the presence of a solicitor, notary public, or commissioner for oaths). A Deed Poll involves you renouncing your former name and adopting a new one.

If you ever need to prove to someone that you have changed your name, copies of that Deed are the easiest and most effective way to do so. This is because it means your new name is enrolled at the Royal Courts of Justice.

That said, there is no requirement that you use either Deed Poll or Statutory Declaration to change your name. As far as the authorities are concerned, you may simply need to prove that you have been using your mother’s maiden name for a long period of time.

Maiden Names And Marriage Certificates

A woman’s maiden name will not always feature on a marriage certificate in England and Wales. If a woman was previously married, she may list her previous married name if she took her previous husband’s. If a bride’s father is known and listed, his surname is likely to be his daughter’s maiden name.

In Scotland, a woman will normally list her maiden name on her marriage certificate even if it is not the one she currently uses (because she was previously married, for example). The mothers of both spouses will also list their surnames. Finally, a woman may also continue to feature in official records in Scotland under her maiden name.

Maiden Names And Birth Certificates

Birth certificates in the UK will include the mother’s maiden name by default. However, there is no requirement under UK law for parents to give their child any particular forename or surname. This means a child’s name on their birth certificate will be:

Traditionally, and still most commonly, their father’s surname
Sometimes, their mother’s surname (this might be their maiden name)
A double-barrelled combination of both of their parents’ surname
In comparatively rare cases, a wholly new or different name

A child’s surname also can be changed by both parents acting together at any time (that is to say, until the child becomes an adult at 18 years of age). Following divorce, a child’s name can sometimes be changed by the residential parent (the parent that the child lives with most of the time).

Maiden Names In Legal Documents

If you need to know more about when and how to use maiden names and their meaning in any legal context, the simplest route is to talk it over with your usual family law solicitor.

Don’t have a go-to family law solicitor? Need to find one?

Solicitors Near Me can pair you with a friendly and approachable solicitor for FREE and with no obligation to use their services.

Reach out to us today to let us know the kind of legal advice or support you’re in need of.

Find A Family Law Solicitor Near Me Now

To be connected to a specialist family law solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Are Hidden Assets?

What Are Hidden Assets? – Expert hidden assets solicitors

Individuals may decide to hide assets for different reasons, including in divorce, in criminal cases and when facing insolvency. We take a look at why assets are hidden, how they are hidden and how divorce and criminal lawyers can trace them.

At Solicitors Near Me, we specialise in finding local solicitors with the legal experience you need. We know how hard it can be to find lawyers with genuine expertise who provide good value for money and excellent service.

Solicitors recommended by us are selected because they meet these criteria. If you are dealing with a case involving hidden assets, we can connect you with the right legal expert who will be able to provide the level of assistance you need.

To be connected to a specialist solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Are Hidden Assets?

Hidden assets are items of value that an individual has attempted to put where they cannot be traced. This could be:

Cash
Property, to include overseas property
Pensions
Investments
Insurance policies
Shares
Valuable items such as cars, jewellery or art

When someone is going through a divorce or insolvency and they fail to fully disclose assets, these are referred to as hidden assets. The court will penalise those hiding assets.
Where hidden assets come to light after the court has dealt with an issue such as a financial settlement in divorce, the matter can be reopened and a new order made.

When And How Do People Usually Hide Assets?

People may choose to try and hide assets if they are facing a divorce to prevent the assets from being taken into account when a financial settlement is made.

Criminals and those accused of criminal conduct may also attempt to hide assets to prevent them from being frozen during an investigation or seized under a proceeds of crime order. They may also attempt to hide assets to avoid paying tax.

Individuals facing insolvency may try to hide assets from creditors and administrators.

Property and cash may be put into trusts, including offshore trusts, while tangible assets may be stored where the individual believes they will not be found. Companies may also be used to hide and move assets.

In some cases, those trying to hide assets use a combination of accounts, companies, trusts and property to try to cover their tracks as well as moving money more than once to increase confusion. Third parties can also be used to hold assets for the direction of legal proceedings.

How Do Divorce And Criminal Lawyers Find These Hidden Assets?

Solicitors can take steps to locate assets so that they can be dealt with legally, for example, included in matrimonial finances on a divorce or used by an insolvency practitioner to reimburse creditors.

There are a wide range of tactics and checks that can be used to look for assets, including looking at records in the public domain, such as:

Company accounts
Company directorships
Property transactions
Shareholdings
Credit reports
Vehicle ownership

Solicitors also use asset-tracing services to uncover information such as:

Use of different names
Searches of company records
Searches of property ownership records
Assets owned by businesses

Solicitors are also able to ask the court to make orders requiring an individual to disclose information, to include:

An order for disclosure, requiring details of assets to be provided
An order for non-party disclosure, enabling a solicitor to obtain information from other sources, such as banks, employers, accountants, new partners and HM Revenue & Customs
A search order, sometimes granted if there is believed to be a risk that documents and other evidence will be destroyed
An avoidance of disposition order, allowing the value of assets that have been moved or sold to be included in calculations such calculations in a divorce settlement
An order adding back the value of assets spent by an individual to the value of matrimonial assets, so that this sum can be included when the size of the settlement is considered
A freezing order to prevent assets from being moved

Where necessary, other experts can be engaged, such as investigation agents, asset tracing agencies and forensic accountants.

Locating hidden assets can mean that a divorce settlement is considerably larger than it might otherwise have been or that creditors are able to recover money they are owed, rather than having to write off a debt.

How Do The Courts Deal With Hidden Assets?

The courts can be asked to make orders allowing hidden assets to be discovered, including orders detailing exactly what is to be disclosed. Where individuals fail to comply, they can be held in contempt and penalised.

As well as penalties for being in contempt of court, the individual at fault may be required to pay the other side’s legal costs and receive a reduced award in any final judgment.

Where there is evidence that assets have existed but have not been located, it is also open to the court to draw an adverse inference from the situation. For example, where an individual has been living a lavish lifestyle but claims to have no money, the court can draw the inference that more financial resources exist than have been disclosed. It can then make an order that takes this into account.

Should I Investigate Hidden Assets?

While it may be tempting to try and locate assets yourself if you believe that they have been hidden, it is generally recommended that you ask professionals to deal with this. There is a risk that you could alert the person involved so that assets are moved and hidden more securely and there is also a chance you could inadvertently do something which is not legal. This would mean that as well as breaking the law, the information you obtain would not be included by the court when it considers your case.

By engaging a solicitor to find hidden assets, you can be sure that discovery will be legal and the information that comes to light can be used in court to support your case. The courts take a dim view of hiding assets and will generally take steps to ensure that assets that someone has attempted to secrete are taken into account when judgments are made.

Contact Local Solicitors For Hidden Assets

To be connected to a specialist solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How Much Is A Divorce In The UK

It’s a sad fact that almost half – around 42% – of marriages end in divorce. So, how much is a divorce in the UK?

Because, on top of the usually deeply distressing fact that a marriage may be coming to an end, there are also legal costs and processes involved.

To be connected to a specialist divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Let’s go over all the costs that can be associated with a divorce in the UK:

What Is The Average Cost Of A Divorce In The UK?

It can be helpful to start with a ballpark figure. The average cost of a divorce in the UK is around £14 500.

There’s no need to panic just yet though. That figure can include “lifestyle costs”. It also assumes a “contested” divorce. That is to say, one of the parties feels aggrieved and will not be willing to make the process a smooth one.

This means there is a wide spectrum of total divorce costs. The average cost of a divorce petition that’s uncontested can be relatively modest by comparison. The cost of a contested divorce on top of, say, a need to buy new property will be much higher.

How Much Does A Divorce Cost In The UK If Both Parties Agree?

The vast majority of divorce cases in the UK (as much as 99%) are uncontested. This means both sides agree it’s the right thing to do and want things to progress as smoothly as possible. An uncontested divorce can cost as little as:

£550 for the Divorce Petition and Decree Absolute
225 for a Consent Order
An average of £450 to £950 in solicitor’s fees

However, those are the costs if you are the petitioner (the person seeking the divorce). If you are the respondent (the other partner in the relationship), then you won’t need to pay for the Divorce Petition or Decree Absolute. Your solicitor’s fees may also be lower.

How Much Does A Contested Divorce Cost?

If no agreement can be reached or the divorce agreement is contested, the courts get involved. As you might imagine, this means the cost of a divorce will become much greater. They will likely include:

£255 for an adjudication (sometimes called a Financial Remedy Order)
Potentially as much as £10 000 to £15 000 solicitor’s fees – possibly more if no agreement can be reached and there needs to be a final hearing in front of a judge
The cost of the final Financial Settlement

The high costs in these cases mean there is a strong motivation for both sides to reach an agreement. There are a couple of processes that can help you do this:

1) Divorce mediation

Divorce meditation is a kind of negotiation. It’s a way to try to balance any dispute between yourself and your former partner with the aid of a professional known as a mediator.

The mediator can walk through key issues like children, property, or money and will almost certainly prove less expensive than going straight into a contested divorce process.

The first Mediation Information and Assessment Meeting (MIAM) is always charged for, tending towards a cost of around £100 or less. It’s actually a court requirement that you try out mediation first, so you might consider this as an additional cost of divorce in the UK.

A full round of mediation sessions can cost anywhere from several hundred pounds to £1500. That’s not a small amount. Yet set against several thousand pounds of solicitor’s fees, it’s worth trying first.

That said, it’s always a good idea to get legal advice from a solicitor before entering divorce mediation. Otherwise, the agreement may not hold up, necessitating further costly dispute.

2) Divorce arbitration

Divorce arbitration can be thought of as an alternative to going into contested court proceedings. Like a court case, a third party – a qualified arbitrator rather than a judge in this case – will be making a final decision for you.

The average cost of arbitration is roughly £1500 or perhaps a little more per partner.

How Much Does A Divorce Lawyer Cost?

Specialist divorce lawyers are almost always worth consulting during divorce proceedings at least at one time or another.

Every individual lawyer or law firm charges different fees. Again, ballpark figures might be from £150 to £350 per hour. In London, this might be much higher.

Can I Get Legal Aid To Pay For Divorce Costs?

Legal aid is available for people on low incomes. It can help you pay for the initial divorce mediation session, further mediation, and possibly even solicitor’s fees too.

It’s worth looking into. Because despite the fact that the overwhelming majority of divorces in the UK are uncontested, the costs – and vital aspects of life – associated with it mean that knowing you’re getting the best arrangement is vital for making your future a happy one.

Need To Find Just The Right Divorce Solicitor For Your Specific Case?

Let’s talk. Solicitors Near Me can find you a friendly, supportive solicitor with just the right expertise to give you the advice you need.

Divorce Solicitors Near Me

To be connected to a specialist divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Should We Be Joint Tenants Or Tenants In Common?

Should we be joint tenants or tenants in common?

Buying a home together is a big step. It can also be done in a couple of ways – and the one you choose can have big consequences later. This makes deciding whether you should be joint tenants or tenants in common very important indeed.

It’s the kind of thing most people don’t want to think about in the heady days of deciding to buy a home together. However, a good way to think of it is as protecting both of you from whatever the future might bring.

So, which is best for you? Let’s do a breakdown of joint tenants vs tenants in common:

What Are Joint Tenants?

If you buy a property as joint tenants, both of you own all of the property. It’s a straight 50-50 split.

For most couples buying property, this can feel like the right choice. It’s also a simpler way of working things out. There’s no need to calculate who owns how much of a percentage.

However, for all its simplicity – and how most couples who feel confident in their relationship won’t see a problem with it – being joint tenants has caused big issues for couples who split up later down the line. This is because:

As Joint Tenants, You Have Equal Ownership

This doesn’t present a problem unless you break up with your partner. If this should happen, you would both be entitled to 50% of the proceeds were you to sell the house. Or, if one of you wanted to buy out the other and continue to live in the property, you would need to cover that 50%.

You might not think this would be a problem. But consider situations where one party feels they contributed more to buying the house or paying the mortgage. If the other party disagrees, this will require court proceedings to work out. Potentially, the court might order the sale of the property.

You can protect yourself with what’s called a Cohabitation> AgreementYou Also Have The Right Of Survivorship

However, if you have a happy relationship until the end, the Right of Survivorship you get as joint tenants means the surviving party inherits full ownership of the property.

It’s not even possible for either party to leave their half of the property to someone else as a legacy in their will. Only after both partners have passed away can the last living partner choose who will inherit their own full ownership of the property.

This can create problems of its own. Imagine a situation where both partners have children from previous relationships. In this instance, the first partner who dies could not name their children as inheritors of the legacy. The second partner, however, could.

What Are Tenants In Common vs Joint Tenants?

If you buy a property as tenants in common, you decide in advance (usually with the assistance of a solicitor) which party will own what percentage of the property.

This can be changed at a later date. For example, if one party gets a higher-paying job and the other stops working. You can also specify more than a simple percentage share of the property – perhaps some land, for instance.

This is the major advantage of buying as tenants in common. Everything is clearly laid out. Its fairness can be judged and even altered at a later date because:

As Tenants In Common, You Have Separate Shares

Decide on a 50-50 split. Go for a 25-75 if your incomes are very weighted in one direction or one person will contribute much more to the deposit. As tenants in common, it’s up to you. If your partnership ever comes to an end, amicably or otherwise, things should be fairly balanced.

Plus, you can write up what is known as a Deed of Trust (or sometimes a Declaration of Trust) in advance. This sets out what should happen if the property is sold or the partnership breaks down.

This makes buying as tenants in common the best choice for friends or family members buying property together.

The only downside of this is that it’s often a bit more complicated than buying as joint tenants. This means you’ll need to get solicitors involved, but this is generally a good idea with major decisions like this anyway.

You Also Have No Rule Of Survivorship

As tenants in common, you have no rule of survivorship. This means that what happens to the shares of the property of one partner after they pass away can be set out in their will. The shares will not automatically pass to the other partner.

It’s another clear separation of tenants in common vs joint tenants and gives you much more flexibility, while also requiring more preparation (and paperwork) in advance.

What Is The Difference Between Joint Tenants And Tenants In Common?

The quickest way to summarise tenants in common vs joint tenants is this:

Buy property as joint tenants and you own the property equally. Contributions don’t matter. Your partner inherits it automatically if you were to pass away.
Buy property as tenants in common and you can set the proportions of ownership. You can edit these later. You can select who will inherit your share in your will.

As always, consulting your solicitor before making this kind of decision is usually a smart move. They will be able to advise you whether joint tenants or tenants in common is the best way to go for you in particular.

Need To Talk Through The Best Property-Buying Approach With A Specialist Solicitor?

Let’s talk about it. Solicitors Near Me will connect you with a friendly, approachable solicitor with the right specialism to advise you on your specific situation.

Set up a cost and commitment-free chat with one of our helpful team today.

Property Solicitors Near Me

To be connected to a specialist property solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Next Of Kin Meaning

Next of kin meaning, legality, and your rights in the UK

Most people assume that their next of kin have legal rights. If something were to happen to you, your kin would be able to make decisions for you. In fact though, next of kin has almost no meaning in legal terms in the UK.

This can make already difficult times all the more challenging. Because if you want to make important decisions about the care of a loved one, such as making a lasting power of attorney, you need to have the legal right to do so.

Being their next of kin isn’t enough. Let’s take a look at how to make sure you and your nearest and dearest are protected if the worst should happen:

Who Is My Next Of Kin?

The term “next of kin” is used mainly in situations where you need to choose an emergency contact. If something bad happens, this is who will be contacted.

When most people are asked to nominate their next of kin, they’ll likely choose their nearest blood relative. Others might choose their spouse.

But you aren’t limited to these choices. You could opt to make your closest friend or a long-term partner with no legal link your next of kin. You can even have multiple next of kin.

However, the most important takeaway is that the phrase “next of kin” doesn’t confer any sort of legal rights or standing. The only time someone’s next of kin actually matters in legal terms is when that person is under 18 years of age.

What Are Your Next Of Kin’s Legal Rights?

Being someone’s next of kin (or making someone your next of kin) gives you no legal rights or standing.

If you don’t put actual legal protections in place, such as a lasting power of attorney, this can, and regularly does, create all kinds of problems.

Picture a loved one who is seriously ill. They can’t make decisions about their own care. But you can’t either because just being their next of kin gives you no rights to do so.

That’s why it’s important to give actual legal rights to someone you want to make your next of kin.

How To Give Legal Rights To Your Next Of Kin

To give your next of kin the kind of legal rights that most people assume they have automatically you need to appoint them as your attorney.

This is normally done by setting up what is known as a Lasting Power of Attorney (LPA). There are two different types of these legal rights. They cover slightly different decisions you might need to make for someone (or have them make for you) when you no longer have the mental capacity to do so:

LPA for property and financial decisions – things like paying bills or rent, collecting rent, maintaining property they own, or managing their bank accounts or investments.
LPA for health and welfare – things like deciding where or how they are cared for, right down to the things they eat or who they can see in some cases.

It’s important to understand that a Lasting Power of Attorney needs to be set up in advance of the situation that requires it to come into effect.

A common example would be when a person knows they are likely to lose the ability to make decisions in future because they are suffering from dementia. In this case, they would set up LPAs that would appoint attorneys they trust to make vital decisions for them.

Again, this can’t be done after the fact. The LPAs need to be prepared in advance – when the person (the donor who is handing over their decision-making rights) has the mental capacity to do so.

Being Next Of Kin But Not An Appointed Attorney

If you are a person’s next of kin but haven’t been appointed as their attorney, you can apply to the Court of Protection (the court responsible for these matters) to gain the right to act for them.

The process is by no means guaranteed. That’s why it’s safest and easiest for everyone concerned to set up the right LPAs before a person who is expected to lose mental capacity does so.

Dealing With An Estate Without A Will

If a person you love has passed away without a will, known as dying intestate, you do have some legal right to deal with their estate (their assets, property, and so on) as their next of kin.

Once more though, the legal standing and meaning of next of kin here aren’t automatic. You’ll need to apply for a legal right called a Grant of Letters of Administration. Again, this is why it’s so important to write a will and prepare in advance. Simply being someone’s next of kin is no safety net at all.

Need to speak with an expert about your particular situation?

Let’s chat about it. Solicitors Near Me can find you just the right friendly, approachable legal specialist to talk about powers of attorney.

Set up a cost and commitment-free chat with one of our supportive advisors today.

Find A Powers Of Attorney Lawyer Near You

To be connected to a specialist powers of attorney lawyer near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.