The Company- Key People
- Company News
- Services
- Endorsements
- FAQ
- Links
- You Are In > Company News
New Additions to Our Team
Events of Interest to out clients
Child Support
Settlement / Divorce Proceedings
Contact with Your Child
Pensions
Probate / Wills
Susan Howarth & Company
41 Chesterway
Northwich
Cheshire
CW95JE
Tel: 01606 48777
Fax : 01606 49777
info@susanhowarthsolicitors.co.uk
Lea Oultram joined us in January 2006 to improve our department dealing with wills and probate. She specialises in advising on high worth and unusual estates, inheritance tax planning and is able to help in the drafting of more complex wills. Jane Howarth joined us in May 2006 having previously worked in the commercial property department at Hill Dickinson LLP. Jane specialises in a blend of domestic conveyancing and commercial property, advising landlords and tenants, developers, company investors and private individuals on the acquisition and sale of commercial property and any subsequent leasing We are pleased to announce that as from 1st May 2007 Cath Turner has become a salaried partner in the practice.
Events of interest to our clients
In May 2006 we held a free seminar for all interested clients on mitigating the impact of Inheritance Tax. We held the seminar in conjunction with a local independent financial adviser and had an expert speaker from Clerical & Medical. We are delighted to announce this was a success with all those attending and plan to hold a similar evening seminar for interested clients who were unable to attend due to work commitments during 2007. WATCH THIS SPACE!
Although in 2006 the government announced that it was abolishing the CSA, for now it remains the body to resolve child maintenance problems between separated parents.
From the 3rd March 2003 there is a new way of calculating what an absent parent should pay in child maintenance for a child.
- For one child 15% of net income.
- For two children 20% of net income.
- For three children 25% of net income.
Where the absent parent has the child overnight for between 104 nights and 155 nights per year there is a reduction of one seventh of the payment.
Where the absent parent has the child overnight for longer periods there are additional adjustments.
If a couple agree a Child Maintenance Agreement within court proceedings to the exclusion of the Child Support Agency after fourteen months the resident parent can still apply for a revised CSA Assessment and that will supersede the Court Order. The CSA Assessment ignores the income of the parent with care.
To know more contact one of our Specialist Lawyers on 01606 48777
or email
here
Financial Settlement
within divorce proceedings
Since the case White -v- White was decided by the House of Lords in October 2000 there is a starting point of a 50/50 split of assets. The Court then is obliged to consider how to achieve fairness between the parties and it does this by considering factors listed in Section 25 of the Matrimonial Causes Act 1973 which are:-
- The income, earning capacity, property and other financial resources of the parties.
- Their financial needs.
- The standard of living required.
- The ages of the parties.
- Any disabilities affecting the parties.
- Any contributions the parties have made or are likely to make.
- The conduct of the parties.
If any of these factors affect you they may result in a shift away from any equality of division of assets.
To know more contact one of our Specialist Lawyers on 01606 48777 or email
here
Contact with your child
Contact with a non resident parent is the right of the child but there is a new recent emphasis that on occasion interferes with this principle. This is the subject to where there is a situation of domestic violence and it is alleged that domestic violence has an impact on contact. In these circumstances a Court may require a preliminary hearing called a `finding of fact hearing` to decide whether domestic violence should or should not be taken into account when the Court considers whether it is appropriate to make a Contact Order. That means that the Court will decide whether domestic violence has taken place and if so whether it is relevant to be taken into account before it considers making a Contact Order at a later hearing.
To know more contact one of our Specialist Lawyers on 01606 48777 or email
here
Pensions
Pensions are usually the second biggest asset after the house within a marriage. Pension legislation is relatively new. Pensions within divorce can be dealt with in the following ways.
A Pension Sharing Order.
A Pension Attachment Order.
A Pension set off payment to compensate the spouse for not claiming against
the pension.
To know more contact one of our Specialist Lawyers on 01606 48777
or email
here
Probate/Wills
We all live in houses. These houses are increasing in value. Currently in 2007/2008 if you were to die no inheritance tax would be charged against your estate on assets less than £300000.00. If you or your spouse dies would your spouse and children have to pay inheritance tax?
From the 31s1 March 2003 a streamlined approach to paying inheritance tax and obtaining grants of representation has been introduced.This will help personal representatives get access to estate funds to pay the inheritance tax bill.
Originally a tax for the wealthy, today’s rapid increase in property values means that even those of us with modest wealth should take steps to protect our money, and our families from the significant burden of Inheritance Tax.
- Unless you take action, 40% of all your money over £300000 will be inherited by the Government
- Inheritance Tax must be paid in advance – your loved ones must pay out before they inherit your money
- The Inland Revenue are continually looking to restrict the ways you can reduce your Inheritance Tax, including new changes to trusts in the last budget.
Cohabitation
The majority of cohabiting people think they will acquire legal rights – this is not the case
- A couple live together in a jointly owned property as “ joint tenants” irrespective of contributions towards purchase price. There is a legal presumption that they own it 50/50, unless there is a clear agreement that they should own the property according to the contributions.
- A woman who moves into her partner’s house acquires no proprietory interest, irrespective of how long they have co-habited or whether or not there are children. Her partner can exclude her and the children from the property.
- On death a co-habitee is entitled to nothing from the estate of their partner. It is not recognised under rules of intestacy if no will is made. There is no entitlement to the deceased’s pension. It is extremely important therefore for co-habitants to make a will but recent surveys showed only 14% had and only 10% had agreements about the family home.
To know more contact one of our Specialist Lawyers on 01606 48777 or email here