Here, we explore how limited companies are typically treated in divorce, what options are available to protect such businesses, and how courts address disputes involving company ownership.

Is a limited company considered a matrimonial asset?

A limited company, or more accurately, the shares in the limited company, are usually considered a marital asset if:

• The business was established during the marriage
• It grew significantly during the marriage
• The business supported the family lifestyle (e.g. income, assets, benefits)

The shares held by a spouse, whether majority or minority, may be valued and included in the matrimonial asset pool for division.

In cases where one spouse owned the company before the marriage, the court will distinguish between “non-matrimonial” and “matrimonial” property. However, if the company has become interwoven with family finances or has significantly appreciated in value thanks to joint efforts or during the marriage, even pre-marital businesses may be considered at least partly marital assets.

How are limited companies typically treated in divorce?

When a limited company forms part of the asset pool, the court’s primary objective is to achieve fairness, unless there are compelling reasons otherwise (e.g. short marriage, non-marital contributions).

However, courts are generally reluctant to interfere with ongoing businesses. This reluctance is grounded in:

• The practical difficulty of dividing a company
• The potential to damage the income-generating capacity of the business
• The broader economic implications, such as staff redundancies or creditor risk

Instead of ordering a direct transfer of shares or a split of the business, judges may opt for offsetting—allowing the business owner to retain their shares while compensating the other spouse with a greater share of other assets (such as the matrimonial home, pensions, or savings).

Can I protect my business in a divorce?

Business owners can try these things:

a) Pre- and post-nuptial agreements

These agreements can ring-fence business assets if drafted and executed properly. Although not automatically legally binding, the courts give significant weight to such agreements, especially post-2010 and the case of Radmacher v Granatino, provided:

• Both parties had independent legal advice
• Full financial disclosure occurred
• The agreement is fair and not prejudicial to children’s needs

b) Shareholders’ agreements

Many family-owned or private companies implement shareholder agreements that restrict the transfer of shares to spouses or third parties. While not foolproof in a divorce context, the court may take these restrictions into account when assessing value or feasibility of share transfers.

c) Separate personal and business finances

Blurring the lines between personal and company finances can work against the business owner. Maintaining clear separation, distinct accounts, legal documentation, proper salary/dividend structure, helps argue that the business should not be considered a direct family asset.

What if the other spouse is awarded a share in the business?

In rare instances, especially if both parties worked in or contributed to the business, the court may consider a transfer or allocation of shares to the non-owner spouse.

However, this raises challenges:

• Valuation disputes: Business valuations are complex. Courts often rely on forensic accountants or expert reports to determine a fair market value.
• Loss of control: A transfer may result in a non-working ex-spouse having a say in business decisions, which can be disruptive.
• Liquidity concerns: The company may not have cash assets to buy out a spouse’s share.

For these reasons, courts often favour alternative mechanisms, like lump sum payments or deferred compensation(sometimes paid over time to avoid disrupting business operations).

Can the business owner argue that division would damage the business?

Yes—and courts often take such arguments seriously. If the division or forced sale of shares would:

• Reduce the viability of the business
• Harm the livelihoods of employees
• Jeopardise income streams for both parties

…then the judge may steer away from drastic action.

To support this, the business owner should present:

• Expert evidence on the impact of forced sale or ownership changes
• Evidence of how the company’s continuity supports spousal and child maintenance
• Proposals for alternative settlements that allow the business to remain intact

The court is particularly wary of taking steps that undermine an income-producing asset that benefits the entire family.

Are judges reluctant to share the business between spouses?

Courts tend to avoid placing divorced spouses into a position where they must continue to co-own or jointly manage a business. This can lead to conflict, dysfunction, or long-term entanglements that defeat the objective of a “clean break”.

Instead, judges prefer:

• One spouse retaining the business interest
• The other receiving compensatory assets or maintenance
• Deferred sale agreements (e.g. the business owner buys out the other spouse’s interest over time)

The exception may arise where spouses have historically and amicably co-managed a business and wish to continue, but such cases are rare.

What if a spouse closes the business and opens a new one?

This tactic is sometimes used to evade financial disclosure or asset division, especially among self-employed individuals or sole directors. However, the courts are alert to such conduct.

Both parties have a duty of full and frank disclosure. If a spouse:

• Shuts down a business
• Transfers assets to a new entity
• Sells to relatives/friends at undervalue
• Deliberately undervalues shares

…then the court can:

• Set aside such transactions
• Impute value to the business based on historical performance
• Make adverse cost or settlement orders against the offending party

This kind of behaviour can significantly harm credibility and result in punitive awards.

Navigating divorce with a limited company

Divorces involving limited companies require a careful balancing act—protecting the business, ensuring fairness, and preserving income sources for both parties (and any children).

In cases of divorce, business owners require expert guidance from family law solicitors and forensic accountants to navigate the complexities of matrimonial law and their business affairs.

The post How is a Limited company treated in divorce? Can I protect my business? appeared first on Major Family Law.

The title ‘solicitor’ dates back to the Victorian era and derives from a now obsolete meaning of the verb ‘to solicit’ – namely, ‘to conduct business on behalf of others’.

By contrast, barristers specialise in courtroom representation. They are the ones who argue cases in front of a judge, draft court statements, conduct cross examinations and advocate for their clients in person at legal hearings. When in court, barristers wear a distinctive, traditional uniform comprising horsehair wigs, starched white collars and dark robes known as ‘gowns’.

Barristers rarely work directly with clients. Instead, most times they are hired by solicitors who instruct them to act on behalf of clients who need the kind of specialist courtroom advocacy offered by barristers.

While most solicitors work as partners within a law firm, barristers are typically based in ‘chambers’, also known as ‘sets’ (as in ‘a set of chambers’). These premises may be for their own personal use or they may be shared with other barristers.

England and Wales are unusual in dividing the legal profession into two in this way. A few other jurisdictions – Northern Ireland, Hong Kong, South Africa and parts of Australia – follow our lead. But most countries have ‘fused’ systems in which lawyers fulfil both roles. In the United States, for example, attorneys work directly with clients and conduct courtroom advocacy, and no distinction at all is made between the two functions.

Training, qualification  and organisational structure

Path to qualification

• Solicitors typically complete either a Qualifying Law Degree or a conversion course (e.g., PGDL), then the Legal Practice Course (LPC), followed by a 2‑year training contract in a firm. During this period, they gain experience in areas—legal research, client care, drafting documents, negotiating, and advocacy in lower tribunals.
• Barristers also start with a law degree or conversion course, then the Bar Professional Training Course (BPTC), followed by a pupillage: one year divided into two six-‑month placements—observation in the “first six,” and independent work in the “second six”. Only after pupillage do they receive full call to the Bar.

Work environment

• Solicitors are most commonly employed in law firms—ranging from national firms to niche family practices. Larger firms may have multi-disciplinary teams handling private law (divorce, finances, children) and public law (care proceedings, adoption).
• Barristers are usually self-‑employed and based in chambers (sets), though some join in-‑house practices like the Government Legal Department. They serve as independent advocates, accepting instructions via solicitors or direct public access.

Rights of audience & advocacy

Court appearances

By default, barristers hold full rights of audience in all courts—from the family court through to the Supreme Court. They conduct:

• Advocacy in fact ‑finding hearings, final hearings, or child arrangement proceedings
• Cross-‑examination of witnesses and oral submissions
• Presenting complex arguments, legal interpretations, and drafting skeleton arguments

Solicitors, in contrast, usually represent clients in the family court without formal robes/wigs, focusing on paperwork, case management hearings, solicitor-client negotiations, and lower-‑level procedural advocacy. While solicitors can act in higher courts, they must first obtain Higher Rights of Audience—becoming solicitor ‑advocates—though relatively few do so.

Advocacy styles & practice

• Barristers emphasise courtroom advocacy: presenting submissions, interviewing and cross-‑examining witnesses, responding dynamically to judicial queries.
• Solicitors focus on pre ‑court case preparation: gathering evidence, liaising with professionals (e.g., CAFCASS officers, social workers), drafting and applying court orders, and negotiating settlements—backed by in ‑court attendance without ceremonial dress.

Client contact and case management

Points of client contact

• Solicitors are typically the first and continuous point of contact for clients. They:
  • Provide initial advice on divorce, child arrangements, or financial remedy options
  • Manage client expectations through the Family Procedure Rules and court timetable
  • Coordinate dispute resolution processes such as mediation, collaborative law, or solicitor negotiations
  • Engage experts (e.g., psychologists, financial specialists) and prepare instructions for court
  • Provide ongoing legal and emotional support
• Barristers usually see clients at specific stages: before complex hearings or trial. Unless instructed via Direct/Public Access, they rely on the solicitor to:
  • Deliver the client’s file and brief in the case
  • Provide written instructions, evidence bundles, chronology, and disclosure
  • Serve as an intermediary between client and barrister

Direct/public access

Since 2004, the Public Access scheme permits individuals to instruct a barrister directly, bypassing solicitors. However:

• The barrister needs public access authorisation
• The client becomes responsible for litigation tasks—admin and court filings—typically handled by solicitors

In practice, many barristers ask clients to hire a solicitor or legal assistant to handle preparation and case administration.

Do I need both a solicitor and barrister to help me?

You might do – but this is not something you will need to worry about at the outset of your case. If you need legal advice or representation, focus on finding a solicitor. Then, once you have discussed the details of your case, that solicitor will advise you whether you may need a barrister, too. If so, the solicitor will usually identify suitable candidates and make contact with them on your behalf.

Professional regulation, duties & ethics

Ethical obligations

• Solicitors are governed by the Solicitors Regulation Authority (SRA). They must uphold client confidentiality, avoid conflicts, manage client money professionally.
• Barristers are regulated by the Bar Standards Board (BSB). Their key duties include:
  • The cab-‑rank rule: they must accept any case within their expertise if available
  • Independence: maintain objectivity and concentrate on admissible evidence and legal principles
  • No client money: barristers cannot hold funds, so solicitors must manage client accounts

Collaboration & responsibility

Solicitors instruct barristers via a brief, which includes:

• Case facts, issues, witnesses, documents, and disclosure lists
• Court bundles, skeleton arguments, and judgment comments

Barristers usually indemnify themselves via professional insurance. Both parties should ensure clarity on fee structure, scope of work, and communication flow.

Cost & funding considerations

Legal aid & private funding

• Legal Aid in family law remains selective. It covers public law (care proceedings) and limited private law cases (domestic violence allegations).
• Many family matters are privately funded—so:
  • Solicitors manage budgets, prepare cost estimates, possibly negotiate fees
  • Barristers are instructed as briefed, either by firms (usually private paying) or through legal aid arrangements

Pro bono & public interest work

Many barristers undertake pro bono clinics. For example, Christopher Naish, a retired family law barrister, was recognised for helping low ‑income clients through university legal clinics. Solicitors, too, often serve in legal aid clinics or provide conditional fee arrangements.

Cost-‑effectiveness & strategy

When both solicitor and barrister are engaged:

• Solicitor fees cover advice, paperwork, management, negotiations, and lower courts
• Barrister fees are for hearings, skeletons, written opinions, and trial appearance

In less contentious matters, a solicitor ‑advocate may carry out all advocacy, avoiding brief fees. But in complex cases, barristers provide cost savings through advocacy expertise and strategic skill.

Limits, overlaps & emerging trends

Overlap in advocacy

• Solicitors with higher rights of audience can appear in higher courts—gaining some functions traditionally reserved for barristers
• Barristers increasingly accept direct access work in family cases, handling both advice and limited litigation roles.

Digital & remote hearings

The post-‑pandemic landscape has seen an increase in remote hearings. Solicitors and barristers alike must master virtual presentation, managing bundles, witness video links, and remote advocacy. Barristers may train solicitors in courtroom advocacy, depending on hearing format.

Collaborative & ADR models

Alternative Dispute Resolution methods like collaborative law and mediation are driven by solicitors—fostering less adversarial outcomes. Barristers may get involved to provide “settlement advice” at key junctures or to give expert family law opinions during negotiations.

Summary of key differences & interplay

Solicitors and barristers perform distinct but complementary roles throughout the legal process:

• Family law solicitors are typically the first professionals a client will contact when facing issues such as divorce, child arrangements, or financial disputes.
• They also act as the consistent point of contact throughout the case, helping clients understand procedural timelines, court expectations, and possible outcomes.
• In terms of advocacy, solicitors may represent clients in preliminary hearings or case management conferences in the Family Court, and some have acquired Higher Rights of Audience to represent clients in more senior courts.
• In complex cases, or contested hearings, solicitors will instruct a barrister to take over the advocacy elements of the case.

Family law barristers are specialist advocates trained to argue cases in court and to provide authoritative legal opinions on complex matters. They are generally brought into a case at key junctures, such as before a fact-finding hearing, a final order hearing, or when a dispute escalates to the High Court or Court of Appeal. With full rights of audience, barristers are qualified to appear in all courts, including the Family Court, High Court, and beyond.

Their core strengths lie in cross-examining witnesses, drafting persuasive skeleton arguments, making oral submissions to the judge, and applying nuanced points of law to the facts at hand. Unlike solicitors, they rarely handle ongoing communication with the client or manage the administrative side of a case. Instead, they work on instruction, either from a solicitor or directly via public access, and their involvement is often limited to specific hearings or stages of the litigation process. Additionally, because barristers operated under the “cab-rank rule,” it obliges them to accept cases within their competence, regardless of the parties involved.

Although solicitors and barristers operate under separate regulatory frameworks, their collaboration is often essential to providing effective legal representation in family matters. The solicitor typically oversees the strategy, groundwork, and communication, while the barrister provides courtroom expertise and legal precision at crucial litigation stages. This division of labour not only ensures efficiency and cost-effectiveness but also enhances the quality of legal advice and advocacy available to clients.

In recent years, the gap between the two professions has narrowed in some respects. Solicitor-advocates now conduct more in-court advocacy than in the past, and public access barristers sometimes handle preliminary advice and case preparation. However, these developments have not eliminated the fundamental distinctions between the two. Together, they form a powerful legal team capable of navigating the emotional, procedural, and legal complexities of family law disputes.

Choosing between solicitor and barrister

Clients typically:

• Approach a solicitor first, who evaluates needs and:
  • Handles straightforward matters independently, or
  • Instructs a barrister for hearings or written opinions.
• May access a barrister directly under public access—but must be prepared to manage paperwork and advocacy logistics.

Do barristers specialise in family law?

Yes. Just like solicitors, barristers – and sometimes whole chambers – develop specialisms in particular areas of practice, and family law is a prominent example. However, by their very nature, family law barristers only become involved in those more contentious cases requiring the attention of a judge. Most family disputes are settled out of court via negotiation and agreement.

In family law, solicitors and barristers maintain a connected professional relationship. Each contributes unique, complementary skills:

• Solicitors guide clients through complex emotional and administrative terrain, offering broad case management and low-‑level advocacy
• Barristers provide specialist advocacy, rigorous legal analysis, courtroom experience, and persuasive argumentation

Together, they ensure clients receive continuous support, whether negotiating amicable outcomes or fighting for rights in court.

If you are involved in a contentious family law case that may require the assistance of a barrister, Major Family Law can provide expert input. Why not call us today for a second opinion?

The post What are the differences between a family law solicitor and a barrister? appeared first on Major Family Law.

We solicitors get asked a lot of questions. Let’s consider two recent ones I have received:

       “These days, do I need a solicitor when I can look up all I need to know on the internet?”

       “I want to help my daughter and her husband buy a place to live, but I suspect he is a wrong’un and they’ll get divorced. Is there anything I can do to protect my money to stop him taking and squandering it?”

Answering the second question somewhat addresses the first.

Some might say that lawyers are ‘a necessary evil’, like doctors and undertakers. Many years ago, I was consulted by the father of a man going through divorce and finance proceedings brought by his wife. The father had bought a home for his son when he discovered he was going to be a grandad. But with the marriage being rather rushed, and little known about the child’s mother, he consulted a lawyer to protect his investment in case they split up.

A property lawyer drew up the correct paperwork to retain the equity for the father, just in case his fears about the durability of the marriage were well-founded. It cost the father to have that document drawn up, but it proved money wisely spent.

Unlike his father, the son had taken the view that he could find out all he needed to know online and that ‘lawyers should be kept as poor as their morals’ and so not be hired.

It transpired that the wife had not been fully aware that the home she wanted to take from her husband was owned by her father-in-law. The property lawyer who bought the property for the son had served his client (the father) well and not only had things been done fairly and transparently, but the file clearly showed that to be the case.

Victory in court

The divorce ended up going to court. To be safe, once we had established the facts of the case, we asked counsel to confirm our understanding that the equity in the property remained the father’s money. Despite that particular barrister being a nationally-renowned expert and a respected writer on property and trust law, he charged only a modest fee and produced an opinion that was overwhelmingly in our client’s favour.  Again, a very cost-effective course of action.

Of course, we won the issue of the home ownership on the first morning of the trial: the house belonged to our client and so was not matrimonial property that could be shared with the wife.

Why tell this tale?

There are many ways this story provides answers to both the above questions.

Before the internet, the law could only be found in libraries and even then, the reference books might not be up-to-date outside of places of legal education, the offices of solicitors, the chambers of barristers and similar venues.

To enable law books to be updated, the publishers introduced loose-leaf books designed to accommodate regular updates – often monthly in the case of particularly dynamic areas of law. This required some poor soul to replace pages in accordance with the updating schedule.   As a trainee I often got lumbered with the job but as I became more senior I was able to avoid it. The rewards of early promotion to partner!

We were the gatekeepers of legal knowledge and like the keepers of mysteries, we expected to be paid for what we knew.  To find out ‘the law’ you needed a lawyer, although later on the Citizens’ Advice Bureau (CAB) partly replaced its rota of volunteer solicitors with a knowledge system.   We helped people for free at the CAB and back in those days, people might qualify for legal aid under the Green Form Scheme if they could come to our offices instead.

In other words, without a lawyer or a very convenient and well-updated library, people could not know ‘the law’. Reading books and articles was not really enough to enable people to know how to apply any law that they had found.

Legal skills

The internet makes law available, but it does not provide the context needed to apply it much of the time.

I have been a judge in competitions for students in local law faculties. Through that voluntary work, I’ve met and discussed legal education with law lecturers and those involved in educating people who want to become lawyers or who want to understand the law as part of a wider portfolio of knowledge to use in their work.   I recall discussing the availability of internet legal resources with a local professor who explained that, as well as students needing to find ‘the law’ on something, they need others skills – interpretation, assessing the currency of information and the trustworthiness of a source. That, he said, was one of the key skillsets that law students need in the digital age.

If law students need to be constantly challenged as to what law they have found, how up to date it is and whether the source can be trusted, then lay people who do not have experience or expertise in this area are even more likely to go astray.

We lawyers are no longer just (or mainly) the gatekeepers to legal knowledge. Instead, we are engaged for a whole range of other skills and personal attributes.

Negotiation and issuing proceedings

The son who was the respondent in the divorce we discussed above knew he did not own any property, but had simply been allowed to live in a property owned by his father.

He did not assess the situation, nor set out the legal position in a clear way, and his wife negotiated on the basis of their resources, not those of his father.

She went into proceedings without legal advice and was similarly clueless about what she was doing and whether it made sense.

Once the process started, nobody took control of what needed to be done, nor worked to stop the train proceeding far down the track towards the buffers of a full trial.

Completion of court forms

The son and his wife had both done a very poor job of filling in the Form E statements, setting out their circumstances, their assets and what factors should be taken into account.

Key points missed

The son failed to clarify the property ownership situation, or provide evidence to the family court concerning his non-ownership.

By not making that clear to the judge, and by not getting evidence on that point, the judge was unable to form a proper opinion about the case and did nothing to discourage the wife from her application.

Researching and understanding the law

The son was not uneducated, but when researching the law, he failed to grasp the very basic point that the family court shares property owned by the parties and not the assets of other family members.

Seeking evidence

The son failed to seek evidence about the trust from his father, nor from the solicitors who handled the property process. The wife did not seek evidence at all and claimed the house was owned by her husband without any proof of that.

With no evidence, there was nothing for the Judge to base an opinion on, other than what the parties had stated on their Form Es and what they added when speaking in court.

Representation in court

The wife was represented, but only by a barrister hired for that hearing.  Her barrister also did not know any more than was on the court papers and was not aware that there was compelling evidence that the property was owned by the father.

Neither our client nor his son understood the way a judge behaves in court and mistook the judge saying ‘yes’ to points made by the wife’s barrister to indicate that the judge agreed with what the barrister had said. The judge was actually only indicating that he had heard the points the barrister was making.  ‘Yes’ is much more natural than ‘noted’ when speaking in front of three lay people and just one lawyer, but the father and son believed that the judge was agreeing with everything the wife put forward.

With no experience of what happens in court, our client and his son thought they had been directed to do what the barrister had suggested and give the house and money to the wife.

Making legal points

The son had failed to understand the legal trust set up by his father’s lawyer, and did not contradict his wife’s claims.

Section 25 of the Matrimonial Causes Act 1973 puts the focus on case-by-case discretion, not a ‘win-lose’ all-or-nothing situation.   Once a party has applied to the court, the judge needs to decide based on facts of the case, not rule in favour of one person and against the other.

The son did not even explain that they ‘shared care’ of their child – again, a very important point missed.

So…why might I need a lawyer despite the internet?

Here is the short answer. The following are the things solicitors do which go beyond merely reading law:

•Negotiating and issuing proceedings

We know the factors to be considered and the range of likely outcomes.   We are experienced at negotiating and refining agreements.

•Completion of court forms

We understand that forms need to be completed and we know how to provide information on them in an effective manner.

•Making and assessing legal points

We can assess what points are strongest and whether the other party has a valid counter-argument. We also know what points are likely to be considered important and we will make the best of the material we have.

•Researching and understanding the law

Once the facts of a case are established, we apply the law to those facts.  Sometimes that means looking into unusual circumstances.   If we do not know something about a particular law, we can find somebody who does.

•Presenting evidence

We know what evidence should be sought so that the court has a basis upon which to make a decision or so that negotiation can take place.

•Representation in court

Should the case go to court rather than be settled in negotiations, we solicitors can arrange representation if required.   As with other experts, we will help clients get the best help at court that we can. That may be ourselves or it may via our wide network of barristers.

•A wise investment

Shakespeare’s wise fool said that free advice was worthless “like the breath of an unfee’d lawyer” – i.e. legal advice was only to be relied upon if the lawyer had received a fee for giving it.   There is a degree of truth in that: for advice to be relied upon, there should be a formal retainer between lawyer and client so that the extent of responsibility is properly understood on both sides.

Yes, law firms must charge in order to keep their responsibilities to the regulators, to have a viable business model and a sustainable future, but the culture of law firms can differ when it comes to fees.

Major Family Law provides an assessment as to whether we can help free of charge. Our clients do not start to be charged until there is a formal retainer in place and an estimate of what work is usually required to deal with the problem that has been identified.

We cannot promise to be cheap, but the cost of negotiation and representation is usually a much smaller than fixing serious problems later, as we saw in the scenario above.

Not engaging a lawyer from the outset was a false economy for the family because they spent considerably more than if the son had put away his pride and prejudice and engaged lawyers who could have seen off the meritless case of the wife far earlier.

To quote the sages: you get what you paid for!

Lewis Hulatt joined Major Family Law in 2016 as a consultant working with clients in both the south east and the north of England. In addition to his many years of experience as a solicitor, Lewis is a trained mediator and often advises on how to resolve disputes outside the courtroom. 

The post What price knowledge? By Lewis Hulatt appeared first on Major Family Law.

What is involved in the SQE?

To qualify as a Solicitor under the new route you must have:

• A degree in any subject
• Pass both SQE 1 and SQ2
• Complete 2 years qualifying work experience (QWE)
• Meet the Solicitors Regulation Authority’s’ character and suitability requirements

SQE1 exams

This exam is split over 2 days and into 4 sessions and is located in your chosen Pearson Test Centre. Day 1 is the FLK1 exam and day 2 is the FLK2 exam. Each session involves 90 multiple choice questions with a time limit of 2 hours 30 minutes, totaling 10 hours and 360 questions over the 2 days. Each day candidates get a 1 hour break in-between the sessions.

‘‘I was one of the first candidates to take the SQE1 exam in November and passed both exams. FLK1 took place on the Monday and FLK2 on the Thursday. Statistics show that 53% of the 1090 candidates passed the November exam which involved 67% passing FLK1 and 54% passing FLK2.  It has been said that candidates became fatigued or had less time to prepare for FLK2 however there was a full 2 days between the exams and I believe the more interesting topics were on FLK2 and thus I scored higher on this exam. You can read more on this at the following link: https://www.lawgazette.co.uk/practice/good-start-53-pass-first-sqe-assessment/5111244.article “

FLK1 topics were:

• Business Law & Practice, Dispute Resolution, Contact, Tort, Legal System of England & Wales, Constitutional & Administrative Law, EU Law and Legal Services

FLK2 topics were:

• Property Practice, Wills and Administration of Estates, Solicitors Accounts, Land Law, Trusts and Criminal Law & Practice.

If a candidate did unfortunately fail either FLK1 or FLK2, they only have to re-sit the exam they failed, not both.

Practice Questions for SQE were released by the SRA:

https://sqe.sra.org.uk/docs/default-source/pdfs/sqe1-sample-questions—final-11-05-2021.pdf?sfvrsn=7525f35c_2

Costs

• SQE1 – £1,558
• SQE2 – £2,422

It is worth noting that the above fees have to be paid again if candidates fail an exam. For example if they fail the whole of SQE1 they pay the full £1, 558, but if they failed FLK1 or FLK2 then you will pay £779 to retake the exam you failed.

SQE2

The SQE2 are practical exams and are split into oral and written assessments. Out of the 16 exams there are 4 oral (over 2 days) and 14 written exams (over 3 days).  The oral exams test skills such as advocacy and interviewing, whereas the written exams test skills such as legal drafting, legal writing and legal research. The topics on the SQE2 are limited to Criminal Litigation, Dispute Resolution, Property Practice, Wills & Probate and Business Law. The exam specification is explained in detail on the SRA website via the following link:

https://sqe.sra.org.uk/exam-arrangements/assessment-information/sqe2-assessment-specification

Preparing for the SQE

‘’I have studied with Barbri for both SQE1 and SQE2. To prepare for SQE1 I undertook the 40 week online course to ensure it was flexible around my work commitments. I began studying in January 2021 for the November 2021 exam. I thought it was a great course and involved lectures, reading materials and many mock exams and practice questions. The course covered all of the law on the exam and I would recommend the course. Barbri allocate a tutor to you which was helpful if you had any questions or wanted further guidance on a certain topic they can help.

I am currently undertaking the 12 week SQE2 prep course with Barbri which the tutors and staff have an active role to prepare us for the exam. There are several mock exams on each skill that will be tested on the exam.

Barbri have confirmed via a LinkedIn that 79% of their students passed SQE!’’

Costs for Barbri prep:

• SQE1 – £2,999
• SQE2 £2,999 (if you studied SQE1 with Barbri, if not it is £3,499)

How does the studying fit in with my full time job?

‘’The courses have a personal study plan which involves around 1- 1.5 hours a day of studying which is easy to fit in around full time work or other commitments. As the course is online, independent and does not have a strict timetable like at university, it is so easy to integrate into everyday life. I work full time at a law firm and study in my lunch, after work or on a weekend. At one point I even fell behind and was studying for around 3-4 hours per day which was still sustainable with weekends.’’

 Why the SQE?

‘” chose the SQE over the LPC as I knew how competitive and difficult training contacts are. I did not want to go back to attending university, I enjoy the online learning so that I could fit it around my work and personal life. I also enjoy working in family law which is what I will continue to practice once qualified, I did not want to sit in different seats as is required in the training contact.

During my work as a paralegal I also accrued months towards my QWE. More information on QWE can be found on the SRA website:

https://www.sra.org.uk/become-solicitor/sqe/qualifying-work-experience/qualifying-work-experience-candidates/

I think the only downfall of the SQE is the costs involved. However there are also high costs to sit the LPC!”

If anyone would like to know more about my experience with the SQE, or has any further questions please do not hesitate to get in touch via LinkedIn.

Anya Harrison, Trainee Solicitor, Major Family Law

The post Why I chose the new SQE route appeared first on Major Family Law.

Court representation

Even if you have to go to court, you do not do necessarily need a solicitor: you can appear as an unrepresented “litigant in person”.  Of course, if you do so, the judge and other lawyers will still expect you to have at least some grasp of court procedure and how to conduct your case. You can indeed find the basics of this process outlined on the web.

But the key word here is “basics”. Mastering the intricacies of family law takes years of study and even more years in practice. Without legal training you are bound to make mistakes and likely to fare badly against any experienced barristers or lawyers who may be representing your opponent. Some judges are patient and will take the time during hearings to explain legal procedures and issues to confused litigants in person, despite the pressure of backlogs and timetables: but you cannot rely on such kindness.

Online divorce

A similar principle applies to divorce. The recently introduced online divorce system was designed to make the process a largely bureaucratic, form-filling affair. If your assets are limited and you and your spouse agree on the fundamentals, then no, you do not need a solicitor to end your marriage.

But what if there are any complicating factors? What if, for example:

• You or your spouse have assets or debts?
• You share children together?
• You signed a pre-nuptial agreement limiting your financial rights?
• You are struggling to agree on the details of a settlement?
• You believe your estranged spouse is not being honest and is attempting to conceal significant issues or assets?

Then professional legal advice becomes a worthwhile investment that will – in almost all instances – pay for itself in due course. An expert family lawyer will ensure that every eventuality is considered and that your interests are fully protected. If you were the less wealthy spouse, for example, a lawyer will help to ensure you get the settlement to which you are entitled under the law, even if your former partner chooses to be uncooperative or difficult. And if you were the wealthier party? Then your solicitor will work to protect your assets by limiting as much as possible the payments you will need to make, and by working to reach a full and final settlement with your former partner. They will cross every t and dot every I to ensure your ex cannot return to court in the future to make additional claims on your wealth.

The post Do I need a solicitor when I can Google all I need to know these days? appeared first on Major Family Law.

Mediation isn’t the right choice for every couple. In some circumstances mediation would clearly be unsuitable – if one party has made allegations of domestic violence or abuse against the other, for example. A couple at loggerheads, going through a rancorous split and barely able to be in the same room together, are also unlikely to benefit from mediation.

For the process to have any chance of working, each party must be willing to set aside confrontation and be open to compromise if necessary. A determination to ‘win’ the divorce does not mix well with mediation.

But let’s start at the beginning….

What is mediation?

Mediation is guided negotiation, intended to help couples who are struggling to reach an agreement between themselves and need help doing so. It is important to note that mediation does not concern itself with the details of the relationship – it is not counselling.

Instead, it is focused on purely practical concerns. The parties discuss the details of their pending divorce and try to agree on how their assets – their money and property – should be divided before they go their separate ways. Mediation can also address arrangements for children: where they will live for example, how much time they will spend with the other parent, and how much child support that other parent will pay.

Typically, mediation involves meeting in person but this is not essential to the process. The sessions are guided by a professional mediator who will be on neither person’s side but instead encourage the estranged couple to find common ground.

The government has been keen to promote mediation as a relatively low-cost alternative to family court for a number of years now. There is a variable fee for attending sessions but legal aid is available for people on a low income, and a time-limited voucher scheme was also launched earlier this year, providing a £500 discount on the cost of mediation to eligible individuals.

Anyone planning to take action in a family court must show that they have first attended an introductory meeting to explore whether or not mediation might be suitable for them, in the particular circumstances in which they find themselves. This is called a ‘mediation information assessment meeting’ or MIAM. There is usually a fee of £120 for these, although this charge can also vary.

If the mediation goes well and agreements are reached, the participants receive a document setting out the details. This is not legally binding but it can be converted into a ‘consent order’ (a legal order concerning finances), which will be binding once it has been approved by a court.

The potential for speed and the comparatively low costs are the two key advantages of mediation. But there are drawbacks too.

The disadvantages of mediation

Qualified mediators are not solicitors and do not receive legal training. Most will have some understanding of the fundamentals of divorce law but they will not be able to provide any legal advice to people undergoing mediation. This means that either side of the estranged couple could settle for less than they are entitled to, or, through a lack of awareness, create other problems for themselves further down the line – for example, leaving the door open for fresh financial claims by their former partner in the future.

This is why mediation as an alternative to legal advice can be a false economy. If there are meaningful assets at stake then it makes a lot of sense to protect your own interests and ensure every possibility and angle is properly explored. A solicitor will be able to help ensure you have addressed all the potential legal complications and that you receive the settlement to which you are entitled. Such expertise could be worth much more than the money saved by mediation.

There are also other ways of avoiding courtroom confrontation with more legal force than mediation. Arbitration or collaborative law may be a better choice for some divorcing couples. Ask an expert family solicitor for advice.

The post Will mediation make my divorce quicker? appeared first on Major Family Law.

There are always some costs associated with getting divorced but it need not be a tremendously expensive undertaking, especially if the law firm offers a fixed reduced-fee divorce. Most couples succeed in reaching an agreement on dividing their assets, paying maintenance and looking after any children without drawn-out legal proceedings, and for them divorce is a mostly bureaucratic process, centred around the filling out of forms and payment of the standard £612court fee.

Costs can start to climb, however, if the soon-to-be former couple fail to reach an agreement between themselves and argue over who should get what. Sometimes couples separate in rancorous circumstances: and agreement is always difficult when emotions are running high. A family court may need to intervene to ensure a fair division of the money and respect for the children’s right to a relationship with both their parents.

Other common problems include one party suspecting the other of trying to hide assets or money, or one spouse pressuring the other into agreeing things that were not – or would not be – in their best interests. The wealthier party may be dragging their feet and not paying their fair share, neglecting child support or the mortgage payments perhaps, leaving the estranged spouse struggling.

If you find yourself facing such a stressful situation, you may need to consider legal action. The first step on the road towards doing so is to seek legal advice from a solicitor. But what if you’re worried about paying the bills?

Can I get legal aid for my divorce?

Probably not – unless you have been unlucky enough to experience domestic abuse, domestic violence or the abduction of your child by the other parent. Legal aid used to be more freely available for divorce disputes but it was severely restricted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which came into force in April 2013.

However, the government is keen to encourage arguing couples to mediate, so funding is available for sessions with a professional mediator. But for this to have any chance of success, both parties must be willing to fully commit to the process. A couple at loggerheads is unlikely to gain much from mediation. And most mediators are not legally trained and so cannot advise on legal matters.

What if I can’t afford a solicitor?

When legal aid was available for most family disputes, nobody had to worry about paying for a solicitor: either they could afford to so or they would receive public funding. Things are more complicated now.

If you need legal representation for a difficult divorce, but think you may struggle to pay the fees, there are a few possibilities worth exploring:

• Seek advice rather than ongoing representation. In other words, book one or more appointments or two with a family solicitor to discuss your situation and receive advice but do not ‘instruct’ or hire them. This is a cost-effective way to ensure you have a clear understanding of your legal situation and that you are moving in the right direction – especially if you plan to represent yourself in court.
• Discuss your financial situation with a solicitor. In some situations, if there are significant assets at stake, you may be able to reach an agreement in which you pay your legal costs from your eventual financial settlement. This is sometimes referred to as a ‘Sears Tooth’ agreement.
• If your ex-partner is reasonably wealthy, the courts may order to him or her to pay your legal costs. Alternatively, your estranged spouse may agree to do so voluntarily, for the sake of reaching a financial settlement and finalising the divorce within a particular timeframe.
• If you decide to borrow money to fund your case, we recommend taking a moderate and sensible approach. Proceed with caution and avoid high interest commercial loans if you possibly can. If you have friends or family willing and able to lend you money, so much the better – but it is still sensible to write down the terms of any agreement you reach with them in order to avoid the possibility of complications in the future.

My ex isn’t paying maintenance – what can I do?

Some people find themselves facing a different kind of problem – just getting by while their divorce moves forward. If they were financially dependent on the other spouse, separation may have meant a sudden loss of income if the separation was not an amicable one. Maintenance awards do not become binding until the financial settlement has been finalised. So, what do you do if your ex refuses to come to an agreement in the meantime – or what if they appear to agree but then drag their feet or fail to pay the full amount?

Answer: you can ask the courts to award you temporary maintenance until a final settlement is reached. This is known as ‘maintenance pending suit’ and it is as legally binding as any other kind, just time-limited.

This is a complex issue. We recommend exploring all your options and seeking advice as soon as you can from a family law specialist. Here at Major Family Law, we offer a fixed fee package of £300, plus VAT and the court fee (see above), to handle a ‘no fault’ divorce petition within England.

Image by Tristan Martin via Flickr (Creative Commons) 

The post Making divorce affordable: what are my options? appeared first on Major Family Law.

But before we can do so, we need to help them find us in the first place and explain how to get as much from their visit as they can. So, let’s answer a basic questions for those who may never have been to see a solicitor before.

What do family law solicitors actually do?

Solicitors are lawyers who work directly with clients, providing legal guidance and conducting cases on their behalf. This makes them distinct from barristers, who specialise in presenting cases to judges in court but who rarely work directly with clients.

Typically, both solicitors and barristers specialise in particular legal fields, in order to develop valuable expertise. Family law is one such specialism – and just as the name suggests, it is concerned with any legal matters relating to the family. This includes:

• Divorce
• Separation
• Cohabitation
• Marriage and civil partnerships
• Spousal and child maintenance
• Adoption and fostering

If we step back and look at the bigger picture, we can see that the law has two fundamental branches: criminal and civil. The civil courts handle every legal matter that isn’t an actual or potential crime: anything from business regulation to property disputes. Criminal cases fall under the jurisdiction of the Crown Court, while civil matters are the responsibility of the High Court of Justice – and the latter has three divisions: the King’s Bench Division, the Chancery Division and the Family Division.

The King’s Bench division has a supervisory role and also handles common law – law derived from ‘precedent’ (previous cases) rather than ‘statute’ (written law). Meanwhile, the Chancery Division deals primarily with business and property law, along with ‘probate’ (i.e. wills). And finally, as you will have guessed, the Family Division is the home of family law.

How do I find a family solicitor?

In the age of the internet and the era of Zoom, you can, at least in theory, work with a solicitor in any part of the country. But in practice, most people choose law firms relatively close to home. This makes (socially distanced!) meetings easier to arrange and it can also be advantageous in cases involving the family courts, as local solicitors will already be familiar with the judges and facilities in your area.

Google is a quick and easy way to identify candidate firms close to your home. Their websites will provide further details: see if you like what you read. Do they have expertise that is likely to be helpful with your case? Look in particular for client testimonials: a firm worth your time and money should have plenty of these on display. Third party sites can also provide valuable insights into which law firms you should get in touch with. We recommend in particular https://www.legal500.com: this provides detailed reviews of law firms as well as useful information on individual solicitors. It is highly regarded within the industry.

Finally, contact the firm or firms on your shortlist and arrange an introductory “first appointment”. Prior to 2020, this would usually be a face-to-face meeting at the offices of the solicitor or their law firm. Nowadays a remote meeting via Zoom or Skype is just as likely.

How do I prepare for my first appointment?

The first appointment with a prospective solicitor is an opportunity for you to discuss the broad outlines of your case or legal issue. You will be able explain what has occurred so far and what you hope to achieve. You can also show any particularly relevant documentation you may have. But it not necessary to go over every small detail at this stage: that will come later. Try to relax as much as you can: you don’t to justify the meeting or convince the solicitor. Just focus on the facts: let those speak for themselves.

The solicitor you meet will offer some immediate thoughts on your situation and make suggestions as to how you could proceed. If they don’t feel you have a viable case, they will be honest with you. This is your chance to decide whether or not to proceed with the solicitor you are meeting so it is important that you feel comfortable with them – especially if your case could take some time to resolve.

What’s the best way to help my solicitor?

Here are the four best ways to help your solicitor as your case moves forward:

• Be honest. Never try to conceal material facts or mislead your lawyer. The truth will eventually come to light, with potentially serious consequences for your case.
• Provide them with as much information as you can. Even small details can make all the difference.
• Do your homework as soon as you can. Submit documents and details without excessive delay. Don’t let your case stagnate.
• Keep your solicitor informed – fill them in on any new developments as soon as you can. This will allow him or her to make the strongest case possible and maximise the chances of a successful outcome.

Image by Tatsuo Yamashita via Flickr (Creative Commons)

The post Why see a family solicitor? appeared first on Major Family Law.