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Welcome to our News & Blogs

Please treat the contents of our blogs as general guidance only. Please do not take any action based on their contents unless you have sought specific legal advice. Brethertons cannot accept responsibility for any errors or inaccuracies, loss or damage in circumstances where there is no formal retainer between us and we have not given you personal and specific advice relating to a matter for which you have given us full background details.  You must also bear in mind that the contents of our blogs are based on English Law, and because they contain archival material, that material is likely to go out of date. Therefore, it is important to consider the date that the blog was posted. Please also remember that the laws may differ in different Jurisdictions.

Do I Need a Probate?

Emma Stewart
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This is one of the first questions people ask when someone dies. Often, probate isn't needed particularly if a person only has joint bank accounts, or their house is owned jointly with their spouse or partner. If they own bank accounts in their sole...

Non-Court Dispute Resolution, a changed approach

Katie Phillips
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In April 2024, there was a change in the Family Procedure Rules, which placed a greater emphasis on the importance of Non-Court Dispute Resolution (NCDR). This does not mean that prior to these rule changes, NCDR was discouraged, but the changes have now...

The Leasehold and Freehold Reform Act 2024 A Summary by Brethertons

Roger Hardwick
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Below, you will find a summary of each of the key reforms made by the Leasehold and Freehold Reform Act 2024 (“the Act”), in the order that they appear in the Act (or close to it). All but four of the sections will come into force on a date to...

What Happens in Divorce and Separation Counselling?

Liz Headley
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Counselling is always a very personal experience as counsellors and psychotherapists invite their clients to bring their own unique narratives about the events they want to speak about to the therapy room. Counselling can offer a confidential space for...

What happens if my husband refuses to sign divorce papers?

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A common concern for people who wish to apply for a divorce is that their spouse might block or hold up the process. The good news is that there is little your spouse can do in most cases to stop or significantly delay your divorce thanks to new divorce...

My husband wants a divorce - what are my rights?

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While things are gradually becoming more equal, the reality is that women in heterosexual marriages are often at greater risk of financial hardship if their marriages end in divorce. Understanding your rights can give you a better chance of securing a fair...

Can you hide assets before divorce?

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In a divorce, the division of assets is often one of the most fraught issues the separating couples must deal with. Securing a fair split of your combined assets can be critical to your future financial security, so it is important that all assets are...

What happens to pensions on divorce?

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In a divorce, pensions are often the biggest asset a separating couple has to consider after the family home. A fair approach to pensions on divorce is, therefore, essential to make sure that an equitable division of assets can be agreed upon that meets both...

What happens to children in a divorce?

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Getting divorced with kids can be particularly tough, with arrangements for your children and their emotional wellbeing to consider. Exactly what happens to children in divorce will depend on the circumstances, so it is a good idea to familiarise yourself...

What is a consent order?

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A Consent Order is a vital legal document for divorcing couples. It sets out the terms of your financial settlement and, once the Order has been issued by a court, those terms become legally binding. A Consent Order is, therefore, how you turn a voluntarily...

Brethertons Announce 20 New Promotions

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Brethertons LLP Solicitors, a thriving firm based in Banbury, Bicester and Rugby announces 20 new promotions, celebrating talent across the whole firm. Brethertons Solicitors are thrilled to announce the promotion of a number of their lawyers; including two...

How long does a divorce take in the UK?

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How long a divorce takes is one of the first questions people often have when considering ending their marriage. The legal process to end your marriage will take a minimum of six months in England and Wales, but dealing with other aspects of your divorce,...

What should I do if my husband is having an affair?

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If you are married, an affair can be particularly devastating. Sadly, infidelity in relationships is all too common with one in five British adults admitting to having had an affair. If you believe your husband has had an affair or they have admitted as...

Families In Crisis

Liz Headley
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Be you pro or anti Royalty, it certainly seems that our Royals have gone through their own difficult times of late. Life’s challenges can affect anyone, regardless of status or wealth and most of us will have to deal with one crisis or another...

Can Becoming Parents Cause Relationship Breakdown?

Liz Headley
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Paloma Faith has recently been quoted as saying, referring to the ending of her relationship with her partner, “Our relationship ended because we have those children.” Of course, this comment made a good headline for whichever media chose to use...

Have I been left a life interest in a Property under a Will or is it just a right to occupy?

Josh Hayward
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Property can be left under a Will to a beneficiary, without that beneficiary owning the property but still having an interest in possession. However, an interest in possession can take different forms, depending on how the will is drafted. Interest in...

What should I do if my child has been taken to England without my consent?

Poppy Harber
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The 1980 Hague Convention is an agreement between various countries which aims to ensure the return of an abducted child to the country where they are habitually resident, so that issues about where they live in the future, and with whom they spend time...

Medication and 'Grey' Divorce or Consequences of Divorce in Later Life (Danish Study)

Liz Headley
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The Guardian newspaper has recently published the findings of a BMJ study conducted by Danish experts regarding use of antidepressants during and following relationship breakdown or the loss of a partner or spouse through bereavement. Those who took part in...

Are Letters of Wishes actually that useful, or are they just wishful thinking?

Josh Hayward
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Having been late to the party, I have finally watched the final series of the Succession, I couldn’t help but notice the dispute regarding Logan Roy’s ‘instructions’ upon his death and speculate what the outcome could be in England or...

Pension Sharing on Divorce......Is financial planning important?

Dawn Millar
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Pension sharing orders have been available as part of divorce proceedings since 2001 however according to a Nuffield Foundation report published in November 2023, they are included in only 11% of divorces despite frequently being the largest asset a couple...

How Can I Financially Protect Myself During A Divorce?

Katie Phillips
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Going through a divorce comes with significant financial implications, and we are often asked how clients can protect themselves during the process. Alongside the divorce, the joint financial claims that the parties have need to be addressed, and this often...

Brethertons Solicitors Winner of the Modern Law Awards 2024 Client Care Award

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Brethertons LLP is delighted to announce that they have been awarded the Client Care (26+ employees) award at the Modern Law Awards 2024. Brethertons LLP has been awarded the Client Care (26+ employees) award at the Modern Law Awards 2024. The Modern Law...

A Shout Out for Single Parents

Liz Headley
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Well, Sunday 10 th March gave all of us lucky mothers out there the opportunity to be spoilt by our children in some way. It might have been flowers, chocolates or wine. An afternoon tea or dinner at a nice restaurant or a Spa Day might have been on offer....

Who has the right to organise a funeral, and how to avoid a grave mistake?

Josh Hayward
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People always want to do their best for their loved ones, and included in that, is providing a funeral service that they think their deceased relative or friend would be pleased with. However, this can cause issues of contention between different family...

The Estate of Michael Gambon - less 'expecto patronum' and more 'expecto a claim'?

Josh Hayward
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Just because someone is famous it does not necessarily mean they have their affairs in order when they die. It is quite common to hear of celebrities who have passed and whose death has raised various questions into the administration of their estate, and...

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