Latest news, community events and social information from Bevirs Law.

June 18, 2024June 18, 2024

New recruit for Bevirs Law comes full circle

Experienced legal executive Heather Wannell has come full circle by joining the firm she first undertook work experience with. Heather has joined our Private Client team and will be based in the Royal Wootton Bassett office.

She is a Chartered Legal Executive who has been working in the legal sector since 1988, and has a wealth of experience in Wills, Probate and Lasting Powers of Attorney.

“This is an exciting opportunity for me, as I started my life in the legal profession when I undertook work experience with Bevirs Law in 1984,” said Heather.

“From that moment on I knew that I wanted a career in law, and now I feel that I have come home to practice in a firm that has an outstanding reputation and that I have known for many years.”

Heather was born and brought up in Royal Wootton Bassett. Her parents were both Mayor of the town twice, and she has strong connections to the local community. In her spare time Heather helps to restore and show her family’s vintage fire engines, which are well known in the area.

Given Heather’s hobbies she naturally understands the needs of vintage vehicle enthusiasts, whether it’s classic cars and motor bikes or steam traction engines, and how important it is for their treasured vehicles to be cared for in the future.

“The aspect of my work that I particularly enjoy is meeting people and listening to their life stories to ensure that their legal matters are dealt with sensitively and effectively, whilst tailored to their own unique circumstances.”

Nicholas Sewell, Senior Partner at Bevirs Law and Head of the Private Client team, said: “We are delighted to welcome Heather to the Private Client team at Bevirs and specifically to the Royal Wootton Bassett office.

“Heather brings with her a wealth of experience gained at other Wiltshire based practices over many years. She is highly respected in her field and is a trusted adviser to generations of local people. She also has deep local connections to the Royal Wootton Bassett community and is indeed a local resident of many years standing.”

In Royal Wootton Bassett, she joins experienced Associate Chartered Legal Executive David Neve. To get in contact with Heather or our Private Client team, please contact us on 01793 848900 or via www.bevirs-law.co.uk.

Article by Jo Smyth of Word Worker
Photograph by Kieran Potter

June 6, 2024June 6, 2024

Michelle Bowyer – a life in Law:

Associate Solicitor, Head of Family Team

6th June 1996: my first day at work in a Solicitors office. A sunny day in Portsmouth and I recall my new colleagues looking hot, sweaty and over-worked. I was fresh faced and bursting with excitement at securing a role in law having spent an unimaginative year in pension administration as a stop-gap following my graduation from university. I was a trainee legal executive and I faced a baptism of fire. I was in a busy crime department and I was soon attending court, visiting clients in prison, preparing statements and analysing evidence. If the civil team needed someone to undertake an oral examination at court, I was sent jogging over with the reminder that one of the Partners had once reduced a defendant to tears: this had become folklore in the office and the pressure was on to be as equally as robust. I never did make anyone cry in those sessions and it wasn’t until my appearance in the family team later that year that I witnessed tears from a client. I still witness tears on a frequent basis some 28 years later. I never forget that in family law, we are dealing with people’s lives. I meet the loveliest of people facing one of the most challenging times anyone can face: family breakdown. My role is to guide them through the process, advise them in relation to divorce, the financial consequences, arrangements for their children and if necessary, protection from harm. Dividing one home between two can be a challenge; helping parents agree what is best for their children when communication
and trust has broken down between them can be a challenge. Assuring an abused party that the piece of paper called an injunction will keep them safe; can be a challenge.

Save for that forgettable year in pension admin and a year on maternity leave; this is the only job I’ve had. I’m no longer a trainee legal executive: I continued to study whilst working and qualified as a legal executive in 2000 and as a solicitor in 2005. However, the job remains the same even with the numerous changes in law and legal precedent over the past 2 decades: people’s lives. They place their trust in us to guide them through their darkest days and I take huge satisfaction in doing just that and in seeing the fog of desperation lift. Occasionally, a client will touch base with me long after their case has concluded and it is always a delight to discover that contrary to their belief at date of us meeting; there is life after family breakdown. If handled sensitively, with care, compassion and in a conciliatory fashion; this can be achieved with the fewest of tears and with hope not just for my client’s future but for their children and wider families, all of whom can suffer following the breakdown of a relationship.

Michelle Bowyer now heads up our Family Team at Bevirs Law. If you would like to get in touch, please contact her at our Swindon office on 01793 532363 or michelle.bowyer@bevirs-law.co.uk.

June 4, 2024June 6, 2024

Leasehold and Freehold Reform Act becomes law

The Leasehold Reform Bill has been years in the making. It finally received Royal Assent and became law on 24 May 2024. The new law is called the Leasehold and Freehold Reform Act. The need for this important reforming legislation was made clear when the Bill was rushed through before Parliament was shut down ahead of the upcoming general election. However, the Act does not contain all the leaseholder protections which were expected.

The key provisions of the new Leasehold and Freehold Reform Act are:-

Banning the sale of new leasehold houses (save in exceptional circumstances)
Increasing the lease extension term to 990 years (currently flat owners can extend their lease by 90 years and house owners can extend by 50 years).
Reducing the price to be paid by leaseholders extending their lease or buying their freehold where the lease has less than 80 years left to run.
Removing the requirement for a leaseholder to have owned their flat or house for two years before they have a legal right to buy or extend their lease.
Removing the obligation for a leaseholder to pay their freeholder’s costs for dealing with a lease extension or enfranchisement.
Bringing in greater protections for leaseholders in relation to service charges

Ground rents have been a big talking point surrounding the Leasehold Reform Bill. It will come as a surprise to many that the new Act has not abolished ground rent, or introduced a £250 cap, as had been widely anticipated. Leaseholders should note, however, that ground rent can be reduced to “a peppercorn rent” (so, effectively nil) as part of the statutory process for lease extension or buying the freehold of a house. The new law should make this process easier and cheaper for leaseholders.

Although the Leasehold Reform Bill has now become law, it has not yet come into force. Provisions relating to rent charges (but not ground rents) and amendments to the Building Safety Act 2022 will come into effect on 24 July 2024, but we are waiting for an order of the Secretary of State before we will know when the other provisions will commence.

Leaseholders will need to consider whether to wait for the relevant parts of the legislation to take effect before extending their lease. Under the new law, the lease extension will be for a longer term of 990 years and there are potentially cost savings from the removal of the obligation for a leaseholder to pay the freeholder’s costs. This must be weighed against the increasing cost to extend your lease as the time left on the lease ticks down. We would strongly recommend that leaseholders seek specialist valuation advice.

We would be happy to provide further tailored advice on how the Leasehold and Freehold Reform Act affects your legal position. Please contact us directly for further information.

Photograph: Chris Waddell of Waddell Digital Ltd.
Article: Zoe Deasington – Partner, Head of Property.

April 2, 2024June 6, 2024

Parental Alienation

Parental alienation, where a “child’s resistance/hostility towards one parent is not justified and is the result of psychological manipulation by the other parent” (CAFCASS definition), can cause utter devastation to a family. The consequence can be a complete breakdown in the child’s relationship with a parent, a rejection which they feel is justified, and ultimately, cessation of contact.

The Family court has found 3 elements to parental alienation:

1. The child is refusing, resisting, or reluctant to engage in a relationship with a parent or carer.

2. The refusal, resistance, or reluctance is not as a consequence of the actions of the non-resident parent.

3. The resident parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s refusal, resistance, or reluctance to engage in a relationship with the other parent.

What is alienating behaviour?

Repeatedly criticising or belittling the other
Unjustifiably limiting or undermining contact
Forbidding discussion about the other parent
Creating a false impression that the other parent does not love the child or has harmed them
Denying emotional responsiveness to the other parent

This list is not exhaustive but offers examples of how a child can be manipulated into turning against a parent. This is tantamount to emotional abuse.

Early Intervention is vital

Early intervention, in cases of parental alienation, is vital. An application for a child arrangement order, citing concern about alienation should be brought to the attention of the court so that it can consider how best to determine the truth of such allegation.

It is within the power of the Family court to order a fact-finding hearing, to determine the truth; and to appoint a Rule 16.4 guardian to provide the child with his/her own independent legal representation whose role is to offer balance to the court, which will assist the Judge in making a determination. The child’s solicitor will likely recommend a joint instruction of a child psychologist to undertake a detailed assessment of the child, in particular to consider whether the child has been alienated, and how best to overcome this emotional hurdle whilst seeking to preserve the child’s relationship with both parents.

The law assumes that it is in the best interests of a child to have a relationship with both parents. If one parent is taking steps, whether consciously or subconsciously, to undermine and damage the child’s relationship with the other parent, the court can ultimately make an order transferring residence from the alienator to the alienated, if it believes that to do so will result in the child enjoying the benefit of a relationship with both parents.

If you are concerned that your child may be suffering from parental alienation, you can secure confidential advice from one of the Family Team members at Bevirs Law. We have vast experience in managing such cases and will offer impartial, expert legal advice. Call us on 01793 532363 or email michelle.bowyer@bevirs-law.co.uk

March 26, 2024April 23, 2024

Grandparent’s rights

Grandparents can play a pivotal role in children’s life, from emotional and financial support to practical help in offering unpaid care to enable both parents to work or babysitting to give the parents a much-needed break. Despite the importance of their role, and the affection in which they are held by many children, grandparents can often find themselves ostracised when the parent’s marriage breaks down, or when their relationship comes to an end.

The Grandparents United for Children launched a report at the end of 2023 highlighting the plight of grandparents and their research found that where there are no safeguarding issues, grandparents within a court process generally have gaps of over a year or more before any contact with their grandchildren.

What are your rights?

A grandparent has no automatic right to contact with a grandchild. However, you do have the right to apply to the court for permission to pursue a child arrangement order, and if you have otherwise had a loving relationship with your grandson or granddaughter, it is highly likely that you will be granted such permission.

Permission criteria

The court must have regard to:

• The nature of the proposed application

• The applicant’s connection with the child

• Any risk of disruption to the child’s life to such an extent that the child would be harmed by it

• Where the child is looked after by the local authority: the authority’s plans for the child’s future; and the wishes and feelings of the child’s parents

Child Arrangement Order

The Children Act 1989 governs the way in which the court considers arrangements for children with a fundamental principle being that the child’s welfare shall be the paramount consideration of the court.

Once permission is granted, your application will be listed for a first hearing at which all parties who have parental responsibility will be invited to attend. The court will carefully consider the merits of your application and will likely appoint a CAFCASS officer to undertake safeguarding checks, and who may also be ordered to establish the ascertainable wishes of the child. If the court considers it to be in the best interests of the child to have contact with you, it will grant the order, with the timing of contact being subject to other commitments the child will have, such as contact with an absent parent.

Practical Advice

If you are being ostracised, try your best to maintain indirect contact with your grandchild by way of sending letters and cards, emails, or text messages. Let them know they are loved without involving them in the dispute you may have with one of their parents. Offer support to the parents and try not to take sides. Consider mediation as an alternative method of dispute resolution: a mediator will help you to discuss arrangements for contact, and if a consensus is still not achieved, your attempt at mediation, will permit your application to the family court.

If you need advice in relation to contact with your grandchildren, the family team at Bevirs Law can offer you constructive advice and we will do our best to secure a positive outcome not only for you, but for your grandchildren as well. Call us on 01793 532363 or email michelle.bowyer@bevirs-law.co.uk

March 19, 2024April 23, 2024

Pension Sharing Orders

A pension sharing order is a legal mechanism used by the family court to ensure a fair division of retirement savings, upon divorce. Such order can only be made within divorce proceedings and is not binding until the terms have been approved, and until the final divorce order has been made.

It is often the case that pension funds are the most valuable asset of a marriage, second to equity in property, but they can often be overlooked if parties have conducted their own divorce and agreed to divide their cash assets between themselves and without involving the court. This can lead to one party suffering to their detriment, when they reach retirement age and have failed to obtain a fair share of the combined pension savings.

The court has the power to make the following orders:

1. Pension sharing – where a percentage of one party’s funds are transferred into the other party’s pension pot.

2. Pension attachment and earmarking orders – which redirects part or all of one party’s pension benefits to the ex-spouse when it comes to be paid, at retirement age.

3. Pension offsetting – where the value in pensions is offset against other assets, for example, one party retains greater pension benefits in exchange for a smaller percentage of the equity in the family home.

It is imperative that a fair valuation of all pension funds are obtained. This will include every workplace pension you are a part of and can also include your state pension entitlement (in relation to which you can secure a forecast by completing BR19 application form and submitting it to the DWP). The court require the CEV (cash equivalent valuation) to determine the overall value of all pension funds and will likely need the expert guidance of a PODE (pensions on divorce expert) to assess how to divide the pensions to provide a fair division in retirement. Actuarial factors such as gender, age and health will be taken into account and a report will be produced which will confirm the precise percentage required, to achieve equality in retirement.

The court expects, and you are entitled, to be on an equal footing in your respective retirement. It would be inequitable for one party to languish on the minimum state pension income whilst the other enjoys the spoils of a working lifetime of privately accrued pensions.

If you have divorced without thinking about division of pensions, or you are in the process of divorce and you require advice, our Family team at Bevirs Law can offer you expert guidance in relation to your potential entitlement. We offer a fixed fee initial appointment for £75 + VAT at which we will appraise your matrimonial finances and offer advice about how best to safeguard your retirement income.

Call the Family team on 01793 532363 or email michelle.bowyer@bevirs-law.co.uk

March 11, 2024April 23, 2024

Don’t forget your finances!

The 2-year anniversary of the reform of divorce laws is upon us this Spring, and the ONS (Office for National Statistics) records 80,057 divorces granted in 2022, down from 113,505 the previous year. The decline may be due to the new rules imposing a 20 week “cooling off period”.

The cooling off period was intended to be utilised by parties, to negotiate the terms of their financial settlement and/or living arrangements for their children. At Bevirs Law, we are encountering more and more clients who have quietly (and as quickly as the rules allow), obtained their divorce but they have failed to address the financial aspect of their separation.

Failing to negotiate financial arrangements, or obtaining a clean break order, at the conclusion of your divorce puts you at risk of the following:

The remarriage trap – which will prevent you from applying for a lump sum, property adjustment or periodical payments order against your ex-spouse, if you remarry
Missing out on securing a fair share of pension income – the current approach of the court is to provide equality in retirement, and it will make a pension sharing order transferring a percentage of the greater pot, into the other spouse’s pension fund, to place them on an equal footing at retirement age
Losing the right to apply for a pension sharing order if your spouse dies (taking his/her pension fund with them)
Missing out on a fair division of cash savings and investments before they are depleted by the spouse who is holding those funds which would otherwise be available for distribution
Failing to secure appropriate housing for you and your children
Failing to obtain provision for either spousal maintenance or nominal spousal maintenance (which keeps the option “live” for future use, should your circumstances change)
Failing to prevent a claim upon your own assets, including future acquisitions and inheritances

A short-term investment in legal advice will not only save you considerable funds in the long-term and ensure that you recover what is rightfully your fair share of matrimonial assets, but will also protect you against future claims by your ex-spouse.

We have vast experience of handing matrimonial financial cases at Bevirs Law. We offer a fixed fee initial appointment for £75 + VAT, at which we can offer initial impartial advice focusing on your own circumstances and we can assess the options available to you for resolution of your case.

Call the Family team on 01793 532363 or email michelle.bowyer@bevirs-law.co.uk

March 8, 2024March 11, 2024

Fabulous work Rebecca!

Congratulations to Bevirs Law partner Rebecca Scammell who recently represented the foster carers, pro bono, in Gloucester County Council v a Mother & Ors [2024] EWFC 38 (B).

The local authority were seeking to place the child with extended family, but the expert evidence supported the child remaining with her current carers, her foster parents.

The Court found that the Local Authority’s attitude towards the foster parents was dismissive and critical, lacking respect for them as the child’s carers. The Court took the very rare step of making a Special Guardianship Order followed by a Care Order, on the basis that it was in the child’s best interests and afforded the foster parents a status that the Local Authority could not provide, recognising their role as the child’s permanent carers.

A pro bono costs Order was also made for Rebecca’s legal costs to go to the Access to Justice Foundation to hopefully help other individuals who desperately require legal representation but are unable to afford it.