Facing legal proceedings involving children can be a daunting and emotionally challenging experience. If you find yourself served with a C100 application under the Children Act 1989, it is crucial that you quickly try to get to grips with your rights and responsibilities.

This article provides you with an understanding of what you should do if you are served with a C100 application and an insight into your next steps.

The C100 application is a court form used in family law cases within England and Wales, specifically under the Children Act 1989. This application initiates proceedings related to children, such as issues associated with living arrangements, spending time arrangements and parental responsibility.

If you are served with a C100 application, it means that someone, often the other parent, is seeking a court order in relation to your child or children.

On receiving a C100 application, it is natural to feel overwhelmed and anxious. It is essential, however, to stay calm and avoid making hasty decisions.

You need to respond, not react, and preferably through a solicitor. Seeking independent legal advice should be your first step.

Consult an experienced family law solicitor who can guide you through the legal process, explain the legal position for both you and your child or children, and help you understand the implications of the application.

Carefully read the C100 application and try to understand the nature of the orders the court is being asked to make. This document will outline the specific issues the applicant, probably the other parent, is bringing before the court.

Take your time to absorb the information and take notes on anything you find confusing or concerning so that you are clear what you need advice on.

The court will set a specific deadline for you to respond to the C100 application. Failing to respond within the stipulated timeframe might prejudice your position.

Work closely with your solicitor to craft a well-considered response that addresses each point raised in the application and indeed puts any others you feel should also be before the court.

It will be crucial for you to attend all scheduled hearings. Failing to do so could negatively impact the court’s perception of your commitment to the process and indeed your child or children.

Follow your solicitor’s advice on presenting your case effectively, providing input promptly and completely when asked.

The court is likely to issue orders setting out various deadlines during the proceedings. You and your solicitor, if applicable, should be aiming to comply with those to avoid legal complications or harming your position.

Your solicitor should provide you with specific advice on your legal position, and the prospect of your position rather than that of the other parent being accepted by the court.

You are well advised though to remember that these proceedings are to focus on the child or children and what is in their best interests, rather than what works best for you or the other parent.

Your family will be under the spotlight and that can be uncomfortable but the court will genuinely be trying to understand your family dynamic and circumstances and what living and spending time arrangements will work best.

Not many relish the prospect of contacting a solicitor, and here at Franklins we are realistic about that. We try to make the process of instructing us as simple as possible.

We offer an initial fixed-fee appointment, during which we try to give you an understanding of your legal position and what the future might hold.

If you have received a C100 application and need advice on child arrangements, contact our Family Law Support Team on 01908 660966 or email familysupportteam@franklins-sols.co.uk.

No one wishes to be feuding at Christmas time. To help support separated parents during this festive period, we have put together a few top tips for ensuring that Christmas contact is arranged without problems and disputes.

One of the biggest problems we see as family solicitors in the weeks before Christmas is parents attempting to arrange Christmas contact way into December.

It is understandable that both parents will want to spend time with their child or children at Christmas time. This is why it is imperative that proposals are made far enough in advance to allow an open dialogue and negotiations in the child’s best interests.

If verbal communication between the parents is not an option, they should consider other methods of communication such as text message or email proposals.

In the event that the parents are unable to agree directly, this also means there is enough time to make a referral to mediation or consult a solicitor to aid in this process.

It is whatever works best for the child. Here are some practical solutions that work for many families:

Some parents split Christmas day in half. Parent one wakes up with the child on Christmas morning. Then at a mutually agreed time, the child is collected by parent two to spend the remainder of the day with them.

Some parents may alternate Christmas day on a yearly basis. The child will spend Christmas Eve and Christmas Day in year one with parent one. The following year, the child will spend Christmas Eve and Christmas Day with parent two.

Usually, the parent who the children don’t spend Christmas day with spends Boxing Day or New Year with them instead. This allows the child to enjoy a ‘second Christmas day’ with that parent. The routine can be alternated each year.

It is important to keep logistics in mind. Most parents wish to see their child on Christmas day. However, if the parents live some distance away from each other, is it really fair to expect the child to spend most of the special day travelling in the car?

Many separated parents agree that they should spend Christmas day together. The idea is to allow the children to open their presents and enjoy Christmas lunch with both parents.

Whilst this can work well in some families, where parents are amicable and there are no third parties such as new partners to consider, in many cases this simply doesn’t work.

Firstly, there is the possibility of the child witnessing animosity between their parents. This should not happen any day of the year, let alone Christmas.

Secondly, seeing the parents working together and remaining amicable during Christmas day may confuse the child. It may provide them with false hope that mummy and daddy are going to reconcile. They may find this difficult to deal with when, come Boxing Day, mummy and daddy are back in their separate houses with their separate lives.

In addition to contact arrangements, it may be prudent to have an open dialogue about gift purchases for your child.

It is important that neither parent adopts a competition mentality around special occasions. Although your child will no doubt appreciate the latest Disney princess or games console, he or she would benefit far more by seeing that his or her parents can get along amicably and facilitate good quality contact through this special time.

Arrangements must be made to ensure they have an enjoyable Christmas period and spend good quality time with both parents.

There is no better time than Christmas to put your differences aside and work together for your children. After all, it is the season of good will.

If you need support arranging Christmas contact or have concerns about child arrangements, our experienced family law solicitors can help.

Contact our Family Law Support Team on 01908 660966 or email familysupportteam@franklins-sols.co.uk.

Surrogacy is a life-changing path to parenthood for many individuals and couples, including members of the LGBTQ+ community. In England and Wales, whilst surrogacy is legal, it is governed by complex laws.

What is Surrogacy?

Surrogacy is an arrangement where a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intended parents). There are two types of surrogacy:

• Traditional (or ‘straight’) surrogacy: the surrogate uses her own egg, making her the genetic mother.
• Gestational (or ‘host’) surrogacy: the surrogate has no genetic link to the child; the embryo is created using the egg and sperm of the intended parents or donors.

Is Surrogacy Legal in England and Wales?

Yes, surrogacy is legal but commercial surrogacy is not. This means:

• Surrogates cannot be paid for their services beyond reasonable expenses.
• It is illegal to advertise that you’re looking for a surrogate or willing to act as one (although nonprofit organisations may facilitate matches).
• Surrogacy agreements are not legally binding, even if both parties sign a written contract.

Surrogacy and LGBTQ+ Individuals: A Growing Path to Parenthood

The LGBTQ+ community is increasingly turning to surrogacy to build families, particularly:

• Same sex male couples may pursue gestational surrogacy with the assistance of an egg donor.
• Transgender individuals may use surrogacy when they are unable or choose not to carry a pregnancy themselves.

The law in England and Wales has evolved to recognise same-sex couples and individuals as legal parents, however, there are important steps to follow.

Legal Parenthood

One of the key legal hurdles in surrogacy is who is considered the legal parent(s) at birth.

At Birth:

• The surrogate is always the legal mother, regardless of genetics.
• If she is married or in a civil partnership, her spouse or civil partner is the second legal parent (unless they did not consent).
• This means the intended parents have no automatic parental rights at birth.

After Birth:

To become the child’s legal parents, the intended parents must apply for a Parental Order under the Human Fertilisation and Embryology Act 2008. To be eligible, the following criteria must be met:

• The child must be genetically related to at least one of the intended parents.
• The application must be made within six months of the child’s birth.
• The child must be living with the intended parents.
• The surrogate (and her spouse/civil partner, if applicable) must consent freely and fully after the birth.
• The intended parents must be either:
  • A married couple, civil partners, or living as partners (same-sex or opposite-sex), or
  • A single person (since changes to the law in 2019).

Once a parental order is granted, the intended parents become the legal parents and the surrogate’s name is removed from the birth certificate.

Ongoing Legal Reform

The Law Commission of England and Wales published a 2023 report recommending a major overhaul of surrogacy law. Key proposals include:

• New Pathway to Parenthood: intended parents could be recognised as legal parents from birth, subject to pre-approval.
• Clearer rules on expenses, eligibility and safeguarding.
• Continued prohibition of commercial surrogacy.

As of mid-2025, these proposals have not yet been enacted into law but reform is likely in the coming years.

If you feel Franklins might be the right firm to advise you on your legal position and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk.

Season 5 of Netflix’s gripping thriller, You, has recently been released. Beyond the drama of love turned obsession lies a disturbing reality – coercive control and abuse; these are not just fictional plot devices but very real issues that family law deals with daily.

As family law professionals, we see first-hand how relationships can spiral. Whilst most cases don’t reach the extremes of Joe Goldberg’s behaviour, You raises real questions about what legal protections exist when love becomes dangerous.

Coercive control: more than just a buzzword

Since the Serious Crime Act 2015, coercive control has been a criminal offence in England and Wales. It includes behaviour designed to intimidate, isolate, or control a partner – commonly perpetrated without the use of physical force. Joe’s manipulation and surveillance tactics are prime examples of such conduct.

Section 76 of the Act makes it an offence to engage in a pattern of controlling or coercive behaviour in an intimate or family relationship. Coercive control is a deliberate pattern of behaviour intended to control, isolate, or dominate another person and it can cause significant harm, even without physical violence. The courts consider coercive control as a serious matter and legal measures such as non-molestation orders and occupation orders may be available to help protect those at risk.

Violence and domestic abuse

Joe’s escalating violence towards his partners highlights the very real dangers of domestic abuse. Domestic abuse is not only physical; it also includes emotional, psychological and financial abuse. The Domestic Abuse Act 2021 recognises these forms of abuse as equally damaging and again, applications, non-molestation orders and occupation orders can prevent further harm.

Child welfare

In the later seasons, Joe becomes a father. This introduces a further layer of concern; the welfare of the child. Courts in England and Wales place the child’s best interests at the heart of any decision. Where a parent’s behaviour is emotionally harmful or poses any risk to a child’s wellbeing, the family courts will take this into account when determining child arrangements. Under section 1 of the Children Act 1989, the child’s welfare is the court’s paramount consideration. To assess what is in the best interests of the child, the court applies the Welfare Checklist, which includes factors such as the child’s physical, emotional and educational needs; the likely effect of any change in circumstances; and any risk of harm the child may face.

Financial abuse in relationships: Joe’s experience with Kate Lockwood

In Season 5, Joe’s relationship with Kate Lockwood introduces a new dimension to his character’s experience of control and manipulation. Kate takes drastic steps to restrict Joe’s financial independence by cutting off his access to funds. This form of financial abuse, whereby one partner exerts control by limiting the other’s access to money, can be equally damaging and often goes unnoticed. Despite Joe’s history of being a perpetrator, his experience with Kate underscores that financial control can affect anyone, regardless of their past actions.

Economic abuse is recognised under the Domestic Abuse Act 2021. This includes behaviours that control or restrict a person’s ability to manage their finances, often to keep them dependent on the abuser. Although Joe’s past actions have been reprehensible, his experience with Kate demonstrates that abuse is not limited to one direction. In cases of separation or divorce, the courts will take financial abuse into account when determining financial settlements.

How we can help

If you are experiencing issues, our team is here to help. We offer clear, confidential legal advice and support through every step of the process.

We specialise in:
• Divorce and financial settlements;
• Domestic abuse and protective orders;
• Child arrangements and safeguarding;
• Prenuptial and postnuptial agreements;
• Coercive control and abuse.

If you feel Franklins might be the right firm to advise you on your legal position and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

Going through a relationship breakdown is one of the most emotionally and practically challenging experiences in life. If you and your partner have jointly owned a home, figuring out what to do with the property can add another layer of complexity. Whether you’ve decided to sell the home or one of you is considering buying the other out, it’s important to approach the situation carefully, taking both financial and emotional factors into account.

In this blog, we’ll explore the key things you need to consider when moving home after a separation, focusing on options for handling a jointly owned property.

1. Understanding Your Options: Buy Out vs Sell the Property

When it comes to jointly owned property, you generally have two main options: buying out your ex-partner’s share or selling the property and splitting the proceeds. Each has pros and cons and your choice will depend on your circumstances.

Buying Your Ex-Partner Out

If one person wants to stay in the home, buying out the other partner’s share might be the preferred option. This involves paying your ex-partner for their equity in the property so you can take full ownership.

Things to consider when buying out a partner:

• Valuation of the property: You’ll need a professional valuation—usually by a surveyor or estate agent—to establish a fair price for your ex-partner’s share. Some choose to get multiple valuations to agree on the value.
• Mortgage considerations: Can you afford the mortgage payments on your own? You’ll need to liaise with your lender about refinancing or adjusting the mortgage to your name only.
• Legal and financial advice: It’s crucial to consult a solicitor for legal paperwork and a financial advisor for mortgage and finance guidance to ensure a fair and lawful process.

Selling the Property

Selling the property is often the most straightforward option, with proceeds split according to your separation agreement.

Things to consider when selling:

• Market conditions: The housing market fluctuates. Consulting an estate agent can help you decide the best time to sell.
• Timeframe: Selling can take weeks or months. Agree on a timeline that works for both parties.
• Emotional impact: Selling the family home can be emotionally difficult, especially with children involved. Approach the sale with sensitivity.

2. Financial Implications: How Will the Sale or Buyout Affect Your Finances?

Whether you buy out your ex or sell, consider the financial impacts carefully:

• Capital gains tax: Your primary residence is usually exempt from capital gains tax but this depends on your specific situation. Investment properties or second homes may incur tax.
• Split of the equity: Division depends on your agreement or court order, with possible consideration for children’s welfare.
• Mortgage payments: If you take over the mortgage, make sure you’re comfortable with the payments and any refinancing penalties.

3. Impact on Children: What’s Best for Them?

If children are involved, their wellbeing should be a priority.

• Stability: Children thrive on routine. Staying in the family home might provide continuity but moving on might also offer a fresh start.
• Shared custody arrangements: Consider how the home fits with custody plans, including whether the living space suits everyone’s needs.
• Support for children: Communicate openly with your ex about handling the sale or buyout to minimise emotional impact on your children.

4. Legal Considerations: Seek Professional Advice

Property division during separation can be complex. You may need family law professionals to help:

• Mediation: If you disagree, mediation can help you negotiate without court intervention.
• Court Orders: If mediation fails, courts can decide on property division, including sale or buyout options.
• Joint debts: Mortgages or loans attached to the property must be addressed fairly, so legal advice is essential.

5. The Emotional Journey: Take Your Time

Dividing property is emotionally taxing, so take time to make decisions:

• Give yourself space: Don’t rush major decisions. Thoughtful choices reduce regrets.
• Support network: Rely on friends, family, or counsellors for emotional support.

Planning for the Future

Whether buying out your ex-partner or selling the property, carefully evaluate your options. Seek professional legal and financial advice and consider the emotional implications for your family. This approach will help you make informed decisions for your next chapter.

When you’re ready to move forward, our experienced Conveyancing team can assist with your house sale or purchase. Our Family Law department is here to provide expert advice and support for achieving a fair resolution. Contact us on 01908 660966 / 01604 828282 or email info@franklins-sols.co.uk.

The start of a New Year often brings a sense of reflection and new beginnings. For many couples, this time of year can prompt difficult decisions, including the choice to separate. If you find yourself in this situation, you are likely facing a number of important decisions for the year ahead; one of the most crucial being the future arrangements for your child or children. This blog will take you through the practical steps to reach a fair and sustainable agreement.

What Are Child Arrangement Orders?

A Child Arrangements Order is a legally binding Court Order made through the Family Court, which can stipulate:

• Who the child will live with;
• The contact arrangements with the non-resident parent (or other significant individuals depending on the parties of the proceedings).

Such orders can encompass various eventualities, from what happens over half terms and summer holidays, to the arrangements on special occasions celebrated within the family.

If you and your ex-partner are struggling to agree on matters after your separation, a Child Arrangements Order may help provide clarity and legal certainty.

Any decision made by the Court will be made in accordance with the ‘welfare principle’; that being the welfare of the child is the Court’s paramount consideration. Factors set out in the ‘welfare checklist’ will also be applied to the child’s individual circumstances, such as their age, harm suffered or at risk of suffering, the impact of any change and more.

There is a presumption in law that both parents should be involved in the upbringing of their child, as long as there are no safeguarding concerns that will prevent this.

Where do I start?

Any child arrangements may be agreed between you and your ex-partner directly. This is the best case scenario as the decision making is in your hands, as opposed to a Judge who will not personally know your child.

What if we can’t agree?

Option 1 – Consider Mediation

Mediation is an effective way to resolve disputes without involving the court. It involves a trained mediator who facilitates a meeting to work out an agreement. Mediation is voluntary and non-binding but it can save time and money and is often less stressful than court proceedings. If mediation is successful, the agreed arrangements can be formalised into a legal order.

Option 2 – Seek Legal Advice

If you cannot reach an agreement on your own or through mediation, you may need legal assistance. A family solicitor can help you navigate the process, represent your interests and ensure that the child’s welfare is the main focus. We can assist with:

• Drafting child arrangement proposals;
• Engaging in negotiations between you and your ex-partner;
• Representing you in court if necessary;
• Ensuring that the final agreement is in your child’s best interests and is enforceable.

Option 3 – Court Applications

If mediation fails and an agreement cannot be reached, you may need to apply for a Child Arrangements Order as a last resort. The court will assess the case, hear from both parties and make an order based on the child’s best interests.

Things to Consider When Making Arrangements

As you begin to plan for the year ahead, it is important to consider the following factors that may impact your child arrangements:

• School holidays and routine: many parents will have differing views on holiday schedules. Plan well ahead to avoid confusion.
• Travel and location: if you live in different areas, how will travel be managed for the child?
• Additional needs: if your child has additional needs or requires support, both parents will need to be made aware of any necessary care, support, or appointments. Discuss how these will be managed in both households to provide consistent care and avoid disruptions.
• Flexibility: children’s needs can change over time; be prepared to adjust arrangements as your child grows or as circumstances change.
• Communication: determine the most effective way to communicate with your ex-partner after separation, ensuring that you can discuss matters related to your child.

We understand that sorting out arrangements for children can be emotional and challenging. Our team is here to guide you through the process, ensuring that your child’s future is secured whilst protecting your rights.

If you would like to learn more, you can contact our Family Law team here or call on 01604 936512 / 01908 953674 or email info@franklins-sols.co.uk.

Protecting Unmarried Couples: The Importance of a Cohabitation Agreement

In today’s world, many couples choose to live together without getting married. While this arrangement works well for many, it is important to understand the legal and financial risks that can arise without the protections marriage provides. A cohabitation agreement can be a vital safeguard, offering clarity and peace of mind for unmarried couples.

At Franklins Solicitors, we specialise in helping couples protect their interests with tailored legal advice and cohabitation agreements.

What is a Cohabitation Agreement?

A cohabitation agreement is a legal document between two people who live together (or plan to) but are not married. It defines each partner’s rights and responsibilities, particularly regarding property, finances and shared living arrangements.

This agreement can help avoid disputes, protect your assets and ensure your intentions are clear in case of separation or unforeseen circumstances.

Why Do You Need a Cohabitation Agreement?

Unmarried partners have no automatic legal rights to each other’s property, pensions, or finances upon separation or death. Despite common myths around “common law marriage,” cohabiting couples are not afforded the same protections as married couples or those in civil partnerships.

Without a cohabitation agreement, you could face significant challenges, such as:

• Losing a home that is in your partner’s name, even if you contributed financially.
• Difficulty proving ownership of shared assets or savings.
• Costly legal disputes over finances, debts, or possessions.

Key Benefits of a Cohabitation Agreement

1. Protection of Property and Assets

• Clarifies ownership of property, including the family home.
• Specifies how assets and debts will be divided in the event of a separation.

2. Financial Arrangements

• Outlines how household expenses and debts will be shared.
• Defines expectations for financial support if the relationship ends.

3. Avoiding Legal Uncertainty

• Prevents reliance on standard property and trust laws, which may not reflect your intentions.
• Reduces the risk of protracted and costly disputes.

4. Support for Future Changes

• Can be updated to reflect significant life events, such as the birth of children or changes in financial circumstances.

How We Can Help

At Franklins Solicitors, we can guide you through the process of creating a cohabitation agreement that is fair, comprehensive and legally enforceable. Our experienced team will:

• Discuss your specific needs and circumstances.
• Draft an agreement tailored to your situation.
• Ensure you fully understand your rights and obligations.
• Provide ongoing support to update the agreement as your circumstances evolve.

If you feel Franklins might be the right firm to advise you on your legal position and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk.

A prenuptial agreement isn’t meant to cause tension between partners before they marry. Instead, it’s designed to address potential concerns about finances and assets if the couple ever decides to divorce. Discussing these issues before marriage can be easier and less costly than facing disputes and legal fees during a separation.

While getting married is an exciting time, it’s important to consider practical aspects of your future together. One such consideration is whether to sign a prenuptial agreement (prenup). Although not the most romantic topic, prenups offer real benefits—particularly in protecting assets and setting clear expectations in case of divorce. Here, we explore the legal benefits of prenups under UK law and dispel some common myths.

What Is a Prenuptial Agreement?

A prenuptial agreement is a formal, written contract signed by two people before they marry. It outlines how assets and finances will be divided if the marriage ends. Prenups aren’t just for the wealthy—they can benefit any couple wishing to safeguard their assets and avoid future disputes.

Are Prenups Legally Binding in the UK?

Unlike some countries, prenuptial agreements in England and Wales are not automatically legally binding. However, since the landmark 2010 case of Radmacher v Granatino, courts have increasingly respected prenups if certain conditions are met:

1. Free consent: Both parties must enter the agreement voluntarily, without pressure or coercion.
2. Full financial disclosure: Both must fully disclose their finances before signing.
3. Independent legal advice: Each party should have their own solicitor to explain the implications.
4. Fairness: The agreement should not be grossly unfair or leave one party in serious financial hardship.
5. Signed well in advance: The prenup should be signed at least 28 days before the wedding.

Even if these are met, courts may modify prenups if circumstances change significantly, such as the birth of children. The agreement usually serves as a basis for financial settlements during divorce proceedings.

Legal Benefits of Prenuptial Agreements

1. Clarity and Certainty: Couples can clearly agree on how assets—property, savings, businesses—will be divided, reducing conflict and stress if divorce occurs.
2. Protection of Pre-Marital Assets: Assets acquired before marriage can be safeguarded from division.
3. Safeguarding Inheritance: Family wealth or inheritances intended for children or relatives can be protected, especially important in second marriages.
4. Debt Protection: Prevents one partner from being responsible for the other’s debts.
5. Reducing Legal Costs: Clear agreements can avoid lengthy, costly court battles.

Common Misconceptions About Prenups

1. “Prenups are only for the rich”: Prenups benefit anyone wanting to protect financial interests, not just the wealthy.
2. “Signing a prenup means planning for divorce”: It’s about being responsible, like taking insurance—planning for all possibilities without expecting divorce.
3. “Prenups aren’t fair”: A well-drafted prenup considers both parties’ rights; courts won’t enforce unfair agreements that cause hardship.
4. “Prenups cover everything”: They can’t decide child custody or support, which courts determine based on the child’s best interests, though inheritance can be mentioned.
5. “Prenups can’t be changed”: They can be updated if circumstances change, such as after having children or financial shifts.

Final Thoughts

Prenuptial agreements offer couples security, transparency and peace of mind. Though not the most romantic part of wedding planning, they’re a practical way to manage financial risks. While not automatically binding in the UK, courts increasingly uphold well-prepared prenups.

If you’re considering a prenup, seek independent legal advice to ensure the agreement is fair, correctly drafted and compliant with UK law. Discussing financial expectations now can save heartache, confusion and costly disputes later.

Overview

Going through a divorce is an emotional and stressful time for both parties; it is crucial that you have a good understanding of what rights you have and the process entailed. We recommend that you contact a Solicitor at the beginning of the process.

In the majority of cases, the main asset to be disputed during a divorce is the Family Home. A place which is often cherished with many fond memories from the beginning of the relationship, which can also be the home where the children grew up in. The Family Home can be considered an emotional asset, which some parties cannot bring themselves to sell due to the memories, although for some, the sale can be the beginning of a new start.

Steps

The first thing you will need to do is to establish whether the Family Home is registered with Joint Tenancy or Tenants in Common. It is pivotal that you understand the difference, how you hold the Property can impact you on the sale or in death. If you are not named on the Family Home title deeds that does not mean you are not entitled to a share of the net equity from the Property; you will need to speak with a Solicitor to understand what rights you have.

If the Property is registered with joint tenancy, it means you both own 50% of the legal and beneficial rights of the Property. Although, if one of you passed away then the other will own the entire rights to the Property. If the Family Home is registered as tenants in common, it would normally show in a Declaration of Trust how the Family Home will be apportioned. This also means, if you pass away your portion of the Property will be distributed in accordance with your Will. We highly recommend you speak with a Private Client Solicitor to discuss your Will.

Both parties need to consider their finances and lending ability. We recommend that before you even make up your mind, you need to think about the following:

• Book an appointment with a mortgage broker to discuss your mortgage lending capacity
• You will need several valuations on the Family Home
• You need an understanding of what remains on your current mortgage and whether there are any hidden Early Repayment Charges
• Conveyancing fees for the cost of a sale
• Estate agent’s fees

Whether you sell the Family Home or Transfer the Equity in the Property for a lump sum, you will need to discuss the matter with a professional. The Solicitor will be able to discuss with you the full financial disclosure process, how the net sale proceeds could be apportioned and what percentage you may be entitled to.

Post Divorce

You will need to start to think about the kind of home you will need post-divorce. This will vary depending on whether you have children, how many rooms will you need, the location and your affordability. The blunt truth is that you may not have enough net equity from the sale of the Family Home to purchase a Freehold Property and may need to rent, purchase a Shared Ownership or perhaps live with family. It is best to research properties online or by contacting your local estate agents, who will give you a better understanding of your availability and options.

The finances and division of your assets can be a lengthy legal process, so it is pivotal that you obtain legal advice early on, so you know exactly what has to be done, preventing you from agreeing to less than what you are entitled to.

We Can Help

Franklins can guide you through the process which begins with an initial fixed fee meeting cost. We can discuss divorce, children matters and financial matters with you.

If you feel Franklins might be the right firm to advise you on your legal position and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk