Often in every day conversation you hear people discuss their perception of the law and of the legal profession.
Often those perceptions are not true and here are some common examples:
I have a common law wife/husband
There is no such thing as a Common Law spouse.
Co-habitation confers far fewer rights upon parties upon separation.
For example there is no right to maintenance (unless there are children of the relationship), division of assets or pension splitting as opposed to divorce. Co-habitation agreements can be prepared to make intentions clear and as to what happens on any separation.
Any parties co-habiting are urged to firm up the co-ownership of any property in so far as to whether it is held as joint tenants or tenants in common and as to the proportion of each party’s respective share.
I do not need a Will
Any adult with children and/or assets should make a Will. If you are married and die without a Will, your spouse will get your personal possessions and the remainder of the Estate if there are no children or grandchildren. If there are children or grandchildren, then the surviving spouse only receives the first £250,000 and then half of the remainder. If you are unmarried, the surviving partner would only get any assets nominated such as pensions and lump sums outside of an Estate and the Estate will go to the deceased’s children, or if none their parents or siblings. Contesting Wills can be costly, time consuming and stressful.
If I make a claim for compensation, my solicitor will take most of the money?
If a claim for personal injury compensation is successful and the amount for personal injury compensation attained is over £1,000, costs will be met by the opposing party. If the matter is being dealt with under a no win no fee agreement which allows for a success fee, the solicitor’s success fee may be deducted from the compensation but is always capped at 25% of that compensation leaving the client with at least 75% of their compensation.
I don’t need a solicitor – I can deal with it myself
A recent report by the Citizens Advice Bureau says that the stress, responsibility and loneliness of going to Court without representation can mean litigants in person achieve worse outcomes compared with their represented counterparts. Many solicitors offer fixed fees and sometimes flexibility as to payment enabling a party to receive representation to achieve the best possible outcome.
Solicitors are stuffy, unapproachable and use words that I won’t understand
Any good solicitor should be friendly and approachable and should be able to explain matters so that you fully comprehend the issues involved, the strategy and steps that need to be taken. We, at Rudlings Wakelam, pride ourselves in that we are warm, approachable and use every day language to explain things clearly to our clients.
For further information as to any of the issues discussed above or to obtain advice in general
please contact Rachel Shaw on 01284 755771 or via