Ms S, Essex

First time homebuyers face a challenging yet exciting time when agreeing to buy their first property.

You may have heard the term “conveyancing” but be unsure what it actually means.

Here, we explain what conveyancing involves and how you can ensure that the process goes as smoothly as possible.

What is conveyancing?

Conveyancing is the process of legally transferring home ownership from the seller to you, the buyer.

It typically takes around 12 to 16 weeks – it will start when the seller accepts your offer and end when you get the keys to your new home.

Buyers must always take professional legal advice to ensure that their new home is legally and safely transferred to them through conveyancing.

Instructing a solicitor

You will need to instruct a qualified solicitor to carry out the conveyancing process.

At Palmers, we will always explain the work that we will be undertaking and agree on costs beforehand.

Make sure you are satisfied that you will receive the service you are expecting for the conveyancing fee being charged. You can discuss any areas of uncertainty with us.

Providing information

You will need to provide your solicitor with relevant information, including the estate agent’s details, the seller’s details, the property’s details (for example, the address and purchase price), the length of the house-buying “chain,” your plans for use of the property, your mortgage details, and details of your deposit and from where you are providing the balance of purchase funds.

A monetary deposit from any source is subject to strict due diligence checks as to the source of funds and how the money has been accrued.

You will also be asked to complete a questionnaire about the proposed purchase and supply original evidence of identity, proof of address and evidence as to the source of funds (as referred to above).

It is a good idea to gather all the relevant documents and information before instructing a solicitor, as this will help speed up the conveyancing process.

What your solicitor will do

During the process of conveyancing, your solicitor will carry out a wide range of tasks on your behalf.

This includes checking the seller’s title deeds, communicating with the seller’s solicitor to answer any relevant legal questions which seem to be needed from looking at the papers supplied, and report to you on the papers to explain what is in them.

Your solicitor will advise you on issues that come up, such as legal defects that will either delay or prevent you from buying the property, or whether the property is subject to any pre-existing rules that might affect you.

Your solicitor will also handle exchange of contracts with the seller’s solicitor and order your mortgage money, usually to be available for the day before moving.

If a solicitor cannot – or may not – provide assistance on any particular matter, they will refer you to a qualified, trusted professional. An example of this is surveying, because this lies outside the expertise of solicitors.

Why you need a survey

A survey is carried out to assess a property’s condition, identify structural defects and determine whether more tests are needed to consider the condition and performance of internal systems, such as plumbing and electrical wiring.

All of these things could cost time and money to resolve and might lead to you seeking to reduce the purchase price if you did not know about them when making an offer to buy the property. If you fail to have a survey carried out, any defects in the building will be for you to put right, at your own cost.

Although a mortgage lender will employ a property surveyor, this is only to undertake a basic inspection known as a Lender’s Valuation to ensure the property value properly supports the amount which the lender is being asked to lend. The Lender’s Valuation is not a survey, nor is it carried out for your benefit.

You will not be able to rely upon it, even though you have paid for it to be done.

Therefore, you will need to commission your own survey. We typically advise that this be a full building (or “structural”) survey. There is a lesser survey available, known as a “Homebuyer’s Report” but this will not be as comprehensive or detailed as a building survey.

We will be able to recommend a suitable local surveyor.

What you need to do

Not all conveyancing matters are a solicitor’s responsibility.

Tasks that you will need to do independently include:

• Confirming that a Title Plan matches a property’s physical boundaries.
• Inspecting the property to see if there are any occupiers who are not named on the contract – this must be communicated immediately to your solicitor.
• Visually inspecting a property to identify issues for a lawyer’s or surveyor’s attention and then communicating those items to the relevant professional.
• Approaching the local authority’s planning department for advice on any plans for development.

If checks and visits reveal issues which worry you, we will advise you on how to act and what to do next.

Completion

Once you have provided all the necessary paperwork to your solicitor, they will contact the seller’s lawyer to arrange the legal transfer of the property. You will need to ensure that your deposit, if you have one, is ready at the time it is needed – on exchange of contracts – and that you have provided the necessary evidence as to the source of those funds well in advance. Up to ten per cent of the purchase price is usually paid over on exchange of contracts.

Completion Day is the day upon which the rest of the purchase money is transferred from the buyer’s solicitor to your solicitor. On that day, the title to the property will transfer to you and you will be entitled to receive the keys to your new home.

Post completion

Following completion, your solicitor will submit your Stamp Duty Land Tax return form, apply to the Land Registry for the title deeds (“register”) to be updated to show that you are the property’s owner, and apply to register your mortgage (if you have one) as a “charge” on the Register.

This process can take up to three months to complete (and sometimes longer), depending on the speed of the seller’s solicitor, the length of the chain, and any issues that may need resolving.

Get peace of mind with Palmers Solicitors

Choosing the right solicitors to trust with buying your new home is a crucial decision.

All homebuyers who instruct Palmers Solicitors to carry out their conveyancing will be looked after by an expert member of our residential conveyancing team.

Our professional conveyancing staff are here to offer to you practical and clear advice on the legal aspects and confusing procedures that need to be negotiated from the point of offer to moving house.

A combination of professional experience and use of sophisticated systems enables us to offer a speedy and economic conveyancing service.

We are also on the panels of the major mortgage lenders, enabling savings to be made in the majority of purchases and re-mortgages.

The knowledge and client care skills our team offers will provide reassurance and instil confidence at every stage of the process.

Contact our residential conveyancing team today to buy your first home with ease.

Losing your job can be a very stressful experience, especially if you believe you have not been treated fairly.

Understanding on what grounds your employer can or cannot fairly dismiss you can be tricky, especially when your employer’s behaviour becomes threatening.

Our expert employment solicitors can help you make understand if your dismissal was unfair and help you take legal action against your employer.

On what grounds can I be reasonably dismissed?

Employers should only terminate your contract of employment for a fair reason.

The following are potentially fair reasons for your employer to dismiss you, specified in the Employment Rights Act 1996:

• You lacked capability or qualification (e.g., performance or fitness to work).
• The dismissal was a result of your conduct.
• There was a genuine redundancy.
• Some other substantial reason (i.e. a business reason that is sufficiently substantial to justify the dismissal).

Your employer should follow a reasonable procedure during the dismissal process.

This means that your employer should:

• Conduct the necessary investigations in a timely manner to establish the facts.
• Use a consistent and fair procedure when dismissing an employee.
• Follow their grievances and disciplinary procedures in an effort to avoid dismissal wherever possible.
• Ensure that clear rules and procedures surrounding dismissals are readily available to all managers and employees.
• Make sure that these rules and procedures are understood by all members of their workforce.

If your employer has followed a reasonable procedure and identified fair grounds for your dismissal, then you will not be able to claim compensation.

When are dismissals considered unfair?

In broad terms, a dismissal will be classed as unfair if the employer has not been able to establish a potentially fair reason for the dismissal or the tribunal is of the view that the employer did not act reasonably in carrying out the dismissal.

Every employee who has the qualifying period of continuous service of two years has the right not to be subject to an unfair dismissal.

A dismissal is classed as automatically unfair (regardless of the length of service of the employee) if an employee is dismissed for certain specified reasons, including:

• Discriminatory reasons (for example, because of their sex, age, disability, race, religion or sexual orientation).
• Pregnancy – This includes all reasons relating to maternity.
• Family reasons – This includes when an employee has exercised their rights to parental leave, paternity leave (birth and adoption) or adoption leave.
• The employee’s membership of a trade union and/or trade union activities.
• Health and safety reasons.

If your employer has dismissed you for one of the above reasons, or you have been in continuous service for two years and your employer has not followed a reasonable procedure or provided a fair reason for dismissal, then you may be able to take legal action against your employer and seek compensation.

At Palmers Solicitors, our experienced employment lawyers can provide expert assistance at every stage, including issuing your claim, preparing your case and negotiating with the other side.

If you think you have been unfairly dismissed, it is important to seek professional advice as soon as possible. Get in touch with our employment law team today.

While no one goes into marriage expecting the relationship to break down, there may come a time where the relationship is no longer recoverable.

However, not all couples wish to divorce. Divorce proceedings are likely to be difficult and stressful even in the most amicable splits.

Concerns about the cost and complexity of legal proceedings can mean that both parties would rather end the relationship without pursuing a formal divorce. A couple may also intend to divorce in the future but wish to delay it for practical or personal reasons.

Whatever your reasons for not pursuing a divorce, you may still have concerns about your financial arrangements and what will happen to you and your children.

There are a range of options for couples wishing to separate but not divorce.

One of the possible avenues you could consider is a Deed of Separation.

Deed of Separation

Deeds of Separation, also known as Separation Agreements, can be used where a couple cannot (or prefer not to) issue divorce proceedings immediately but they wish to resolve financial, children, and other issues.

You should instruct a solicitor to prepare a Deed of Separation.

The Deed records that the couple intend to live separately and apart and may also refer to a divorce taking place in the future. The Agreement will also deal with financial arrangements.

The Agreement can include, for example, the sale or transfer of the family home with any agreed division of the proceeds together with payment of maintenance.

The Agreement is likely to state that the parties intend the terms of the Agreement to be in full and final settlement of future claims against the other.

Advantages and disadvantages of Separation Agreements

The arrangements provided for in a Separation Agreement are usually adhered to by both parties, since they have reached the Agreement themselves rather than having a settlement imposed upon them.

The Agreement can be entered into relatively quickly, allowing both parties to move on financially without having to commence divorce proceedings.

A Separation Agreement can also set out when divorce proceedings will take place in future, if this is planned.

However, Deeds of Separation are not legally binding, meaning that neither the separating parties nor the Courts are bound to abide by them.

Additionally, pensions cannot be shared or earmarked until the divorce proceedings are commenced, because only the Court can make pension sharing or earmarking orders.

Entering into a Separation Agreement

Both parties should have the opportunity to seek independent legal advice, and there must be no coercion by either party to enter into an Agreement.

Additionally, there should be full and frank financial disclosure by both parties, and the Separation Agreement should be fair in the circumstances.

Although a Separation Agreement will not prevent an application to the Court to consider financial issues, the Agreement is likely to be upheld by the Court if the above matters have been complied with.

Seek legal support for your separation

In situations where couples do not wish to commence divorce proceedings, either at the present time or indefinitely, Separation Agreements can be an effective way to make arrangements regarding children, money, property, and other issues.

However, Separation Agreements are not legally binding, and it is essential to seek independent legal advice before agreeing to any arrangements.

Palmers’ expert family law team can help you draft Separation Agreements and advise you on all aspects of separation, with or without divorce.

If your marriage has broken down but you are unwilling to divorce, it is still essential to seek legal counsel. Contact us today for tailored advice and guidance.

When a relationship ends in divorce, the welfare of any children involved is paramount.

During what is likely to be a difficult and stressful time, most parents would ideally wish to put their differences aside to agree about arrangements for their children.

Unfortunately, matters can become complicated and emotionally charged, particularly if there is a dispute over where the child resides or the arrangements to see the other parent, or confusion over the rights of family members such as grandparents.

In such cases, acting in the children’s best interests should always be at the heart of any decision making.

If you’re in conflict with your former partner, it is essential to consult a solicitor at the earliest opportunity to find out what your options are and ensure that your children’s best interests are protected.

What are children’s rights under the law?

Any issues relating to children when a relationship breaks down are dealt with under the Children Act.

The Act centres on the idea that children are best cared for within their own families, and courts will decide who a child should live with and how often the other parent is entitled to see them, based on what is deemed to be in the child’s best interests, not those of the parents.

The courts are unlikely to interfere in a voluntary arrangement, as the law considers that these are more likely to succeed than those imposed on the parties.

A family solicitor can help you and your former partner to make arrangements that are in the best interests of your child, without having to go to court.

However, if you cannot agree, then it will be necessary to attend mediation before resorting to court proceedings.

Child Arrangements Orders

Child Arrangements Orders can dictate where the child will live, known as a lives with Order, this can be predominantly with one parent or a shared care arrangement with both and the Order can also address the contact that the child will have with the parents.

In the event of a dispute, an application can be made to the court for a Child Arrangements Order, in which a Judge will be asked to decide where the child will live and who will have day-to-day responsibility for that child’s care.

Before an application is made the parties are now expected to attend mediation. This aims to help the parties work together to find a suitable solution and is a time and cost-effective way of resolving matters.

If you are unable to resolve matters through mediation and it does become necessary to issue court proceedings, then you will be required by the court to file a Family Mediation Information and Assessment form.

This will confirm to the Court that you have attended mediation but the matter has not been resolved.

Contact with arrangements

Child Arrangement Orders can also dictate contact arrangements between a parent and a child, whether this is by letter, card, email, telephone or face-to-face visits, including overnight stays and school holidays and special occasions.

In particularly acrimonious relationship breakdowns, or where there are concerns about a child’s safety, one parent may try to prevent the other from contacting the child.

If a parent feels they are being denied contact with their children they can apply to the court for a Child Arrangements Order for contact, which will set out who a child can have contact with and, if necessary, where this will take place and on what days and times.

The court will only grant an order if it believes it would be in the child’s best interests to do so.

If you are concerned about your child seeing their other parent, or you believe that you are being denied contact with your child, applying for a Child Arrangements Order can settle disputes. However, you need to be prepared for the fact that the court will ultimately make their decision in the child’s best interests, not yours.

Legal advice should be sought before proceeding with any sort of application, particularly as certain conditions may need to be met.

Get support from Palmers Solicitors

You should always seek expert legal advice if you are in a dispute with your former partner about child arrangements.

A family solicitor will provide practical, professional advice that centres the best interests of the child. This may resolve the problem without either party having to go to court.

No matter your current relationship status, you will continue to be a parent with your ex-partner for the rest of your life. This issue should be borne in mind before or during any proceedings.

Although it may be difficult, exploring every possible way to work with your ex-partner to make joint decisions about your children – with your solicitor or perhaps through mediation – is a hugely important step in protecting them from the worst anxieties and anger of divorce or dissolution, and ensuring that they continue to have a loving relationship with both parents.

If you are going through a divorce, it is vital to ensure that decisions are made in the best interests of your child. Contact our family law team today for expert advice and guidance.