Our Legal Services: Commercial Property, Family Law, Private Client & Disputes

Sales and purchases of commercial property, both freehold and leasehold, either for investment purposes or owner occupation.

If you own land that you wish to sell to a developer, neighbour or other buyer it is important that you have the right advice at the beginning. We provide the expertise and knowledge to guide you through this process. Amongst other matters to consider are:

• Your buyer’s profile – is your buyer going to be a builder or developer looking for land to add to a project or a potential new project?

• How much is your land worth? Determining a value will involve many factors not least of which will be the intended use which is a major factor.

Land sales will typically take longer than selling a house as the factors above and many more must be considered.

If you are interested in purchasing land, then it is important to identify the land and obtain legal advice at the beginning to ascertain if the land to be purchased is subject to any covenants. We have the expertise and knowledge to assist you through this process.

If you are a landlord, then we can assist with the following: –

• Preparation of a new lease
• Renewal of an existing lease
• Assignment of an existing lease
• Advising on tenant issues
• Terminating a lease

If you are a tenant, then we can assist with the following: –

• Advising you on a new lease
• Renewal of an existing lease
• Assignment of an existing lease
• Terminating your lease

Many businesses have capital tied up in their property and often wish to refinance this asset to release funds for the business.

If you wish to raise capital on your commercial property or re-mortgage your property, then we can help.

If you have a commercial unit or property to sell at auction we can offer the following: –

• Preparation of an auction pack ready for the auction
• Dealing with all enquiries relating to the property and the auction pack
• Completion of the transaction if the auction is successful

If you are thinking of buying a property at auction, we can offer the following: –

• Making enquiries about the property prior to auction
• Advising you on the contents of the auction pack, the property and the legal process
• Proceeding to purchase the property if successful at auction

An option agreement is a contract relating to a specific piece of land that allows the buyer the exclusive right to purchase the land. Once a buyer has an option to buy the land, the seller cannot sell the land to anyone else.

If you are the purchaser wishing to take out an option agreement we can help with: –

• Preparation and negotiating of an option agreement
• Exercising the option agreement at the end of the contracted term 

If you are the owner of the land, we offer the following:

• Advising you in regard to the option agreement
• Completing the sale of the land in question at the end of the contracted term

Other matters arising in respect of commercial leases, for example licences to assign or to alter or for a change of use and deeds of variation of leases.

We can also advise on other matters arising in respect of

• Commercial leases, for example licences to assign or to alter
• Change of use
• Deed of variation of a lease
• Covenants
• Rights of Way and Easements

If you are selling or buying an ongoing business we can assist with a smooth transition of the assets, including employees and contracts.

Occasionally a dispute may arise under a lease that requires remedying and occasionally communication can break down or a misunderstanding may exist between the parties; it is important to understand where you stand and what your rights are.

Whether you are the landlord or the tenant we can assist you in providing pragmatic and realistic advice proportionate to the dispute.

We will always first attempt to resolve the issues by way of negotiation or mediation to save time and costs, however if this cannot be achieved, we can assist you in your claim or defence via the Court or tribunal for a judicial determination.

The Marriage (Same Sex Couples) Act of 2013 places same sex marriages on exactly the same legal footing as those of heterosexual couples. This means that the rights and obligations of a married same sex couple are identical as those of a married opposite sex couple.

The 2013 Act also enables civil partners to convert their partnership into a marriage if they wish.

Same sex spouses whose relationship has irretrievably broken down can seek a divorce through the court using the same process and under the same legislation as married couples of the opposite sex. The only difference is that instead of using one of the five facts to prove the irretrievable breakdown, there are only four. Adultery cannot be used for a same sex couple as, in law, adultery specifically relates to sexual intercourse between a man and a woman.

In 2005, The Civil Partnership Act came into effect allowing couples of the same sex to legally register their partnership giving them the same rights and responsibilities of a married couple.

Before entering into a Civil Partnership both parties need to ensure that they have considered carefully what their plans are for the future.

All of this can be agreed beforehand and can form part of an agreement very similar to a pre-marital or prenuptial agreement. A pre-civil partnership agreement can help protect family heirlooms, major assets and business interests, and whilst this is not currently legally binding, a well drafted agreement may hold weight and assist a court to understand the parties intentions for specific assets.

In the event that a civil partnership breaks down irretrievably, you must get permission from the court to legally dissolve the partnership. The court can grant you either a separation order or a dissolution order.

If a partnership has lasted 12 months or less, a separation order is used. A dissolution order is only available after the first 12 months of the civil partnership and is similar to a divorce of a married couple. Once you have been granted a separation order it means that you cannot legally enter into another civil partnership until you get a dissolution order.

Our family law team will advise on these and other related matters which may be a cause for concern. It is, therefore, preferable that you take legal advice prior to leaving the property or deciding upon the division of any assets.

With years of experience, Blackhams are experts in the field of family law and pride themselves on providing the highest professional standards, combined with impartial advice, and understanding.

Some individuals are under the preconceived notion that common law marriage exists – it does not. You are either married, civil partners or cohabiting.

Common Law marriage is a creature of fiction – it does not exist in the real world.

If you live with your partner, purchase a property together or have children, the law does not offer automatic protection as it does with married or civil partner couples. The mere fact of living together gives neither party any rights against the other, though the particular history of the relationship may do so, not always in the way that the parties expect!

This can inevitably leave one party exposed and at a disadvantage. For example, claims could be brought against the other party who has a property in their sole name in which the parties have been living. Complications can arise as to what one party has promised the other during the course of the relationship.

If you are thinking about living together, it is important to be clear from the very outset what your rights are, and what you want to happen if the relationship breaks down or if one of you dies.

As a means of protection, you may want to consider entering into a ‘cohabitation agreement’ (also known as a ‘living together agreement’), which would set out in clear terms the financial and domestic arrangements between the parties thereby avoiding confusion and bitterness should you later separate.

If you have already entered into a cohabitation agreement and your relationship breaks down, you should seek immediate advice from our family law team without delay if you encounter problems in implementing the terms of the agreement. We may need to consider enforcement methods with you as a last resort if your partner reneges upon the agreement.

Following a break-up, issues relating to children can become difficult and the source of disagreement.

Following a break-up, issues relating to children can become difficult and the source of disagreement. In cases involving children, parents and other family members are encouraged to regard the welfare of the children as the first and paramount consideration.

We aim to keep the needs of children at the forefront of our client’s mind when advising in this sensitive area. It is our view, that you are the best judge of your children’s best interests, but we appreciate that the arrangements for children can become somewhat difficult to resolve on separation.

Our family law team will help you to avoid parental conflicts that evolve on separation and advise you about mediation as an alternative to the court process. We can assist and advise you about practical, legal and financial arrangements for the children, and how their time can be shared between you.

In addition, we can provide comprehensive advice on the following areas:

We can help anyone who finds themselves in conflict concerning any children issues. In situations where there are serious concerns about a child’s immediate safety and welfare, our family law team are able to act very quickly to provide you with protection through court orders.

Reported cases have shown that children whose parents separate are more likely to suffer from psychological and behavioural issues, usually because they are embroiled in the parental conflict and become confused and distressed with the situation.

Parents can help to minimise the impact their separation has on the children involved by reaching amicable arrangements quickly and preferably without recourse to the Courts.

• https://www.familylaw.co.uk/news_and_comment/re-h-(parental-alienation)-2019-ewhc-2723-(fam)-parental-alienation

• http://www.9parkplace.co.uk/news-and-events/2021/04/06/summary-of-judgement-re-h-n/

Going through a divorce or any kind of family separation can be a difficult and traumatic time for an individual and the family.

Blackhams divorce and separation solicitors are highly knowledgeable and are at hand to advise you at every step.

Going through a divorce or any kind of family separation can be a difficult and traumatic time for an individual and the family.

Family law involves critical decisions, following any relationship breakdown, on a great number of matters including, your children, your financial affairs and your future.

We can give you practical advice and clear guidance in an approachable and calm manner.

Blackhams promote, where possible, an ongoing line of communication with your partner so that you can enter into your own discussions to structure your own financial settlements and agree on arrangements about your children with minimum court intervention and with a view to reducing your costs.

Where appropriate, we will invite you to consider family mediation, collaborative law and family arbitration as an alternative to court. Where court proceedings are unavoidable, we will represent your interests to the fullest extent.

We will guide you through the court process and will work with you to obtain the best and most cost-effective resolution possible.

New Divorce Law April 2022

No Fault Divorce

Prior to the change in Law, there were 5 facts for a Petitioner to base their divorce on. They included adultery, behaviour, two years separation (with consent), five years separation and desertion. These facts have now been removed and from April 2022 the Parties will only need to prove that the marriage has irretrievably broken down.

Joint Application for Divorce

Under the law before April 2022 one party needs to issue proceedings against the other. However, under the new reforms, both parties will be able to make a joint application for divorce.

Time Frame

A minimum timeframe of 20 weeks will be introduced, and this period of 20 weeks will give couples the opportunity to reconcile before committing to a divorce.

Removal of Legal Jargon

The first stage of divorce is currently referred to as ‘Decree Nisi’, the second and final stage of divorce is referred to as ‘Decree Absolute’. Under the new legislation, the first stage will be referred to as the ‘Conditional Order’ and the final stage referred to as ‘Final Order’.

There is now no option to contest Divorce proceedings. Under the current law, after the Petitioner submits the divorce petition, detailing their spouses’ behaviour or a period of separation and the reason for their divorce, the Respondent can contest this.

Under the new no fault divorce, this option will be removed.

If you are in a relationship where you have been the victim of domestic violence, we can help you to protect yourself and your children from danger so that you can rebuild your lives in a safe and secure environment.

Domestic violence is a very difficult and emotionally distressing area of law that deals with protective measures arising from physical, mental and emotional abuse as well as harassment. It may also be a relevant factor when considering contact and shared arrangements between the children and the ‘absent’ parent.

At Blackhams, we encourage anyone who is the victim of domestic abuse to not suffer in silence. We understand and appreciate that leaving an abusive partner is a difficult step to take, particularly if you have children together or you do not have access to any finances to be able to move out independently.

We are sensitive to this difficult situation and will support you throughout the entire process and provide you with assistance at every stage.

Our family law team appreciate the importance of dealing with domestic violence issues as swiftly as possible and will ensure you receive a speedy resolution especially if you require the immediate protection of the court.

As with all the services we provide, anything you disclose to us will remain confidential – you can talk to us openly and honestly about any concerns you might have and without feeling the need to hold back any information.

We are not here to judge you or your partner. We are simply here to help you to break free from an unjust situation. We will happily meet you in our offices which are easily accessible, discreet and secure, or at any other venue where you feel safe and comfortable.

The breakdown of any relationship can be a particularly emotional and stressful time. There will be many issues to resolve and we can offer practical advice and clear guidance to ensure that you are protecting your finances, property and assets.

Blackhams offer expert legal advice tailored to suit each individual’s needs to relieve any anxieties or doubts you may have.

If you are contemplating a separation or have separated from your partner, it is important that you take legal advice at the earliest possible opportunity. It is preferable that you take legal advice prior to leaving the matrimonial home or agreeing to any division of the matrimonial assets.

During the course of the financial process, it will be necessary for the parties to provide full and open disclosure about their finances.

However, if you feel that your partner is being less than honest about their financial position and assets, our family law team can provide you with comprehensive advice as to whether an injunction to freeze assets is an appropriate course of action.

We have the expertise to deal with complex situations upon separation and will help you in a constructive and conciliatory way to achieving a quick outcome and peace of mind.

We are also able to advise you on the following areas

• Assets abroad
• Business interests and assets
• Child maintenance
• Debts
• Freezing injunctions
• Investment properties
• Pensions
• Trusts
• Spousal maintenance

Prenuptial agreements are becoming increasingly common as a means of protecting a family’s assets in the current financial climate.

Pre and Post Nuptial Agreements

The family structure has changed over the years and families are becoming far more diverse, making it even more desirable to structure financial commitments before marriage.

If a prenuptial agreement is prepared properly, both parties will have given full disclosure and received legal advice in which case it would be binding and upheld by the courts.

It does, however, need to be reviewed from time to time to ensure it is effective and appropriate. It can be amended during the course of the marriage, by agreement.

For those families that wish to protect their wealth, prenuptial agreements and trusts are the way forward, particularly where couples are entering into their second or third marriages and wish for their property to pass to their children from previous relationships.

Prenuptials can also serve as a means of protecting the wider and extended family, where family businesses share ownership.

The same protection applies when a property is being passed down a generation following divorce.

The prenuptial agreement can record those assets that are wholly external to the marriage so that they are treated differently by the courts.

If the parties do not enter into a prenuptial agreement, they can after the marriage, enter into a post-nuptial agreement. The same principles apply in that there has to be full and frank disclosure with both parties having had the benefit of appropriate legal advice.

Whilst it is not a pleasant thought, it is a fact of life that we are all going to die eventually. We will assist you in formalising your wishes in the event of your death and help your family cope with the stress and problems associated with bereavement.

Writing a will is the only way to ensure your loved ones are looked after in the way you want. Leaving loose ends after you die may result in loved ones becoming involved with complex legal issues at a distressing time. As a result, your assets (including your home and its contents, personal items, money, shares etc.) may not be inherited according to your wishes and your estate may be reduced significantly by Inheritance Tax.

The writing of a will ensures that your estate passes to those whom you wish to benefit. A carefully prepared will can mitigate inheritance tax and safeguard family assets for future generations and therefore is an essential tool in arranging your affairs.

We can also advise you on the validity of existing wills and assist you in preparing new wills. We encourage you to review your will regularly – tax laws change, as do family circumstances, and it is important to keep a will up to date.

In addition, we will also advise you on the impact of Inheritance Tax making use of exemptions, reliefs and allowances or take measures to reduce the risk of possible claims against your estate and, if appropriate, on family trusts. We can also advise you regarding other arrangements, such as appointing trustees and executors, or guardians to care for children.

At Blackhams, our probate solicitors have extensive experience in preparing Wills and specialise in administering estates including post-death Inheritance Tax planning by the use of a Deed of Variation.

When anyone dies, somebody has to deal with their estate – the money, property and any possessions they had at the time of their death. If there is a will the estate will pass to the people named in the will. If there is no will rules laid down in Parliament, known as the Rules of Intestacy will apply.

We have extensive experience in administering estates including post-death Inheritance Tax planning. Our dedicated and experienced team administer estates with sympathy and efficiency enabling us quickly to identify and to resolve any potential problems and minimise the expense and stress involved.

Even a small estate can involve considerable responsibility and paperwork. The paperwork can be substantial and the process time-consuming. We are here to help and can assist you throughout all or part of the process and may be able to identify tax planning opportunities.

We can help at all levels, including

• Registering the death
• Helping you to make funeral arrangements
• Organising payment of Inheritance Tax
• Obtaining a Grant of Representation
• Dealing with assets and liabilities
• Assisting with tax claims and returns to the Inland Revenue

Some estates will require special consideration to ensure that the estate is dealt with in as tax-efficient a way as possible. We have experience in winding up estates with a range of net values, from modest levels to those with millions of pounds. No estate is too small, and all require a personal, professional and structured service; and at Blackhams they all get the same. This ensures that our clients are informed as to progress at all times.

Blackhams have a dedicated team of specialists who deal with all the formalities required in obtaining Probate and administering estates, dealing with estates both large and small.

We must face up to the possibility of future events that may be unwelcome. This includes the possibility of becoming unable to make decisions for us due to physical or mental incapacity, whether brought on by an accident, illness, or old age.

What would happen if you lost capacity through illness or through a sudden injury? How would your bills be paid? Who would decide what medical treatment you will have?

By making a Lasting Power of Attorney (LPA) you can give someone (your Attorney) you know and trust your express authority to deal with your affairs if you are unable to do this yourself. An LPA cannot be used until it has been registered at the Office of the Public Guardian. It can cover either your financial affairs, or decisions that may need to be made about your personal welfare (e.g. medical treatment, care and so on) or both. Making an LPA is sensible planning.

What if I do not have an LPA and need help in the future?

If you do not have an LPA and become unable to deal with your own affairs due to a loss of mental capacity, the process of appointing someone to stand in your place (and be your Court-appointed Deputy) can be cumbersome and costly.

There may be a period where no one is officially appointed to assist you, during which time anyone trying to assist on your behalf will be doing so without the appropriate authority. This could create difficulty and distress for you and your family. Appointing an Attorney under an LPA is much less expensive and gives you and your family peace of mind for the future.

There are two types of LPA.

Property and Affairs LPA

Enables an attorney to make decisions about the Donor’s property and financial affairs. These might include:

• Buying or selling property
• Operating a bank or building society account
• Managing Investments
• Claiming benefits
• Paying household expenses
• Paying residential or nursing home fees.

Health and Welfare LPA

Allows an attorney to make decisions about the Donor’s personal welfare if the time comes where they are unable to make decisions for themselves. These decisions may be about:

• Where the Donor lives
• The Donor’s daily care
• Arranging for dental treatment
• Consenting to or refusing medical treatment
• Access to the Donor’s medical records
• Overseeing medical and mental assessments.

An LPA is therefore a very important part of planning for the future. The time may come when we need a helping hand to make those decisions that were once commonplace. Having an LPA in place makes that process so much easier and less stressful.

If someone loses their mental capacity and becomes unable to make decisions, but has not made a Lasting Power of Attorney, it may be necessary for a Deputy to be appointed by the Court of Protection.

The Deputy appointed by the Court will then have the necessary powers to act on behalf of the person concerned. The Court will issue an Order setting out the extent of the Deputy’s powers. The powers may relate to financial matters or personal welfare issues. The powers granted will depend upon the needs of the person concerned.

The Court of Protection is responsible for

• Deciding if an individual has the mental capacity to make a decision for themselves
• Appointing a Deputy, usually a member of the family if willing to take this on to deal with matters on behalf of the individual who lacks mental capacity
• Giving permission to people to make one-off decisions on behalf of a person who lacks mental capacity
• Making decisions on Lasting Powers of Attorney and Enduring Powers of Attorney

We can advise you on all aspects of Court of Protection applications and prepare the necessary application papers on your behalf.

Trusts have been used for centuries for inheritance planning and wealth protection.

We advise on the right type of trust for you, set up the trust and help you to manage a trust. We can guide you through the various tax rules affecting trusts. We can, and frequently do, act as trustees alone, or with family members.

The approach of families to these issues has changed over time but the trust is still a valuable tool.

Specific issues such as the protection of vulnerable or under-age family members can be addressed by appropriately structured trusts.

The management of trusts – the responsibility of the trustees – can be daunting, but we are here to make life as easy as possible for you. We can help you to agree a suitable investment policy with your investment manager, we can guide you through the various tax rules affecting trusts. We can, and frequently do, act as trustees ourselves.

Trusts are set up for a number of purposes, including

• To control and protect family assets
• When someone is too young to handle their affairs and protecting assets for younger beneficiaries
• To provide for vulnerable or disabled beneficiaries
• To pass on assets while you’re still alive to mitigate in particular Inheritance Tax
• To assist with property preservation in connection with going into a home

We can

• Advise on the right type of trust for you
• Set up trusts
• Help you to manage a trust
• Act as trustees (with family members or alone)

At Blackhams, we understand that the issue of inheritance tax is important to you, which is why we work closely with you to ensure every detail is carefully considered and planned to minimise the liability on your estate.

The team at Blackhams will work closely with you to understand your personal circumstances and from this they will ascertain whether steps can be taken to reduce your estate’s liability. We understand that no two clients or situations are the same, therefore our Inheritance Tax advice is tailored and personalised to you and your situation. We take the time to understand what it is you need from us and the outcome you desire and we strive to make this possible.

By sensible Inheritance Tax planning, the amount payable can be greatly reduced. This is often done by careful use of various reliefs and exemptions available which are often less straightforward than they might seem at first sight. Early planning is beneficial.

Blackhams Estate and Inheritance Tax Planning services

Some of the areas in which we can provide professional advice include:

• General estate planning and making the most of Inheritance Tax reliefs
• Domicile
• Lifetime Gifts
• Negotiations with HMRC
• Creating trusts as a structure for maintaining family wealth
• Post-death tax planning and deeds of variation
• Transferable Nil Rate Bands

It is impossible to know what life has in store for you or what is waiting around the corner, which means it is never too early to start thinking about estate and inheritance tax planning. All you can do to create some certainty about the future is to plan ahead and take measures to protect those you love, just in case you are suddenly taken from them. To start planning for tomorrow, call or email a member of our team, who will be happy to discuss what you need and answer any questions you might have.

We provide expert advice to help guide you through the sale and purchase process. This includes investigating the title, obtaining the results of all necessary searches and reporting to you on the same, complying with your lender’s requirements, preparing the contract and completion documentation, exchanging contracts, completing the sale or purchase and dealing with Land Registry and HMRC requirements.

We appreciate that moving home is one of the biggest things you can undertake in life and we aim to make the process as stress-free as possible.

We can assist with the transfer of property from one party to another. You may want to add another family member to the title for example, though we deal with all sorts of transfers.

We act on behalf of your new lender and will be responsible for transferring the mortgage from your existing lender to your new one, dealing with Land Registry’s requirements. We can also help you with a new mortgage.

We deal with sales in the course of the administration of an estate. We can also prepare a transfer of the property by way of an Assent if this is required once probate has been obtained.

We can assist with property you are buying from the Council. This will include reviewing the Transfer and completion documentation, obtaining any necessary searches and dealing with Land Registry and HMRC requirements. We will also act for your lender, if applicable.

You may be purchasing a property using the Help to Buy scheme, or have a Help to Buy ISA, and we are experienced in dealing with both. We also have experience of dealing with Lifetime ISAs (LISAs).

We provide expert advice in respect of shared ownership, including staircasing and help to guide clients through the process.

If you are selling at auction, we can prepare the auction pack of information which the auctioneers will require, deal with pre-auction enquiries from interested parties and then continue the conveyancing process after the auction up to completion.

We can also assist you if you are interested in purchasing and can advise you before you make a bid.