Call us now on 02077902000
We’re here to helpGet in touch

Protecting your Property from Fraud

In England and Wales, the Land Registry is the organisation responsible for maintaining the Land Register. The Land Register currently documents the title of more than 24 million properties. The title comprises the evidence of ownership and a record of conditions and restrictions regarding that ownership, including any mortgages secured on the property. Land registration is now compulsory when a previously unregistered property is transferred to a new owner, mortgaged, or when certain leases are granted. The ultimate aim is to have every property in England and Wales registered in the future.

Continue reading

Divorce & relationship breakdown

There is only one ground for divorce in the UK and that is on the basis of the “irretrievable break down of the marriage.” The Applicant must be able to prove that the marriage has broken down irretrievably based upon one of 5 “facts”. The Applicant must be able to prove that on the balance of probabilities that marriage has broken down irretrievably and one of the 5 facts has occurred.The Facts: Adultery – this is defined as “voluntary sexual intercourse between a man and a woman, one or both of whom is or are married to someone else.” In the case of civil partnerships, this fact can only be relied upon if the adulterer had sexual intercourse voluntarily with a member of the opposite sex. This can be difficult for the applicant to prove without evidence, which shows that it is more than just a suspicion of the applicant. Unreasonable Behaviour -the Applicant must show that their spouse has behaved in such a way that they cannot reasonably be expected to live with them. This is subjective as the courts will not identify what makes a behaviour unreasonable. Through case law the “right thinking person approach” is now commonly used by the courts to determine if the behaviour constitutes being unreasonable: “Would any right thinking person come to the conclusion that ‘this husband’ has behaved in such a way that ‘this wife’ cannot reasonably be expected to live with him, taking into account the whole of the circumstances and the characters and personalities of the parties” Desertion –this is commonly misunderstood, and many people believe that it is simply the spouse physically abandoning them. Instead the facts to be proved are that the parties have separated, the spouse had the intention to desert, the applicants lack of consent to the separation and lack of just cause for the desertion. This must have occurred for a period of 2 years.  It is possible that the parties could be living in the same household, as long as the applicant is able to prove that they are leading entirely separate lives. The intention of desertion must be communicated to the applicant though. Desertion is very difficult to prove as each of the elements must be shown to have occurred for a continuous 2 year period. Two Years Separation and Consent - the Applicant must show that the parties have led separate lives for a continuous period of 2 years and one party believed that the marriage was at an end. If there is any reconciliation within the 2 year period, the time will essentially need to begin again. It is also essential for the spouse to consent to the divorce on these grounds.  It is therefore useful if the Applicant is seeking to rely upon this fact, that they obtain their spouses signed consent prior to sending the petition for divorce. Five years’ Separation - the Applicant must be able to demonstrate that the parties have lived apart for a continuous 5 year period.Should you or anyone you know require any further information on divorce, please do not hesitate to contact this firms family law specialist on 0207 790 2000 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Continue reading

Judicial Separation

In some cases, the parties may feel that they do not want to seek a divorce in the first instance. Sometimes this is because the parties are not yet ready to formalise the divorce or dissolution or they have not yet been married for a year. In other cases, the parties prefer not to divorce for religious reasons. In such cases, a Judicial Separation may be of assistance to you.If you do not wish to terminate your marriage but you still want to formalise your separation from your spouse legally, we can assist you with the judicial separation procedure.It is a very similar process to that of divorce or civil partnership dissolution save that you will still remain legally married to your spouse. This means that you will still retain certain inheritance and pension rights which you would otherwise lose after the divorce or dissolution.It is also possible to make an application for a financial remedy during or after the judicial separation. Please see here (link to finances) for more information about financial remedies.Since the procedure for the Judicial Separation is virtually the same as that for divorce or dissolution, our fees will be the same.DivorceYou only apply for divorce when you have been married for more than one year. In England & Wales, there is only one ground for divorce and that is that the marriage has broken down irretrievably. The irretrievable breakdown of the marriage can be evidenced by one of the following five facts; 2 years separation – the parties have been separated for a period of two years or more and the other party consents to the divorce 5 years separation – the parties have been separated for more than five years Unreasonable behaviour Adultery – usually only used where the other party is prepared to admit to the adultery Desertion – the other party must have deserted you for more than two years, for no good reason and without your agreement (this is rarely used)Initially, we will meet with you to discuss the circumstances of your case and we will identify which of the facts are available to you. We will explain to you the advantages and disadvantages of petitioning for divorce based upon those facts.When a fact has been selected, we will take steps to draft your petition for divorce.When the divorce petition is approved, we will usually send a copy to the other party for their comments. This is actively encouraged by Resolution (a specialist organisation of family lawyers) and helps to minimise confrontation and hostility during the divorce process.Thereafter, your petition will be sent to the court to be issued. The court will then send the divorce papers to your spouse by post. Your spouse will then have 7 days to respond to the divorce petition by completing a form known as an Acknowledgement of Service and returning this to the Court. Your spouse will be required to confirm whether they intend to defend the divorce on this form.When your spouse sends the form back to the Court, a copy will be forwarded to us. We can then use this to prepare your application for pronouncement of Decree Nisi which is the first stage of the divorce.Upon receiving your application for pronouncement of Decree Nisi, if the court is satisfied that you have sufficiently proven that you are entitled to the divorce, a date for pronouncement will be set. If the divorce is uncontested and there is no dispute about the costs, you will not need to attend court on this day.The court will send us a copy of the Decree Nisi after it has been pronounced. You must then wait for six weeks and one day before applying for Decree Absolute. This is the document which finally brings the marriage to an end.However, if there are financial issues connected to the divorce which remain unresolved, we will not normally advise you to apply for Decree Absolute until these issues have been fully addressed. This is because you lose certain rights and entitlements after the Decree Absolute is granted. We usually try to deal with the financial issues between Decree Nisi and Decree Absolute and this can delay the final part of the divorce procedure. Please see here for detailed information about financial settlements and the types of financial remedies available.Civil Partnership DissolutionDissolution is the process of legally bringing a civil partnership to and end.Just like divorce, there is only one ground for dissolution of the civil partnership – the irretrievable breakdown of the civil partnership.However, unlike divorce, this can only be evidenced by one of the following four facts: 2 years separation – the parties have been separated for a period of two years or more and the other party consents to the dissolution 5 years separation – the parties have been separated for more than five years Unreasonable behaviour Desertion – the other party must have deserted you for more than two years, for no good reason and without your agreement (this is rarely used)The procedure for the dissolution is exactly the same as the procedure for divorce save that the Decree Nisi is known as the Conditional Order and the Decree Absolute is known as the Final Order.Free information meetingWe are pleased to offer all potential new clients a free, no obligation information meeting.The meeting will not normally be longer than 20-30 minutes and is designed to give us the opportunity to take a little bit more information from you and give you a general overview of what we can do to help and how much it might cost.We find that this works very well because it allows you to make an informed decision about whether to engage our services and gives you the opportunity to establish an immediate relationship with us in person.Next StepsFor more information, an informal chat or to book an appointment – call our family law specialist on 020 7790 2000 or email This email address is being protected from spambots. You need JavaScript enabled to view it.
Continue reading

Pre or Post Nuptial Agreements

Pre-nuptial AgreementsThough many people do not like to think about what might happen in the event that their marriage or civil partnership fails at some point in the future, it can make a lot of sense to make plans for just such an event right from the outset.In some cases, one or both of the parties may have been married before or you may have acquired assets in your own right before you met your future spouse/civil partner. Alternatively, you may be expecting to receive an inheritance which you wish to protect or you may simply decide that you want to make plans for what will happen in the event that you do separate so that you can avoid having to make those decisions later when you may be feeling stressed and emotional.A pre-nuptial agreement is not automatically legally binding. However if you are open and honest with each other about your financial positions and both parties receive legal advice before the agreement is signed, the court will give consideration to the pre-nuptial agreement and it will be strong evidence of your intention. The court will be reluctant to depart from what has been agreed unless there is evidence that one of the parties signed under influence or duress, the parties did not understand the full implications at the time that the agreement was signed, the needs of one of the parties is not met and/or it would be unfair to hold the parties to the agreement. For these reasons, it is important to seek legal advice to minimise the likelihood that any of these factors will apply and to ensure that the agreement is more likely to be binding in the event that the marriage does break down.We will take information from you about what has been agreed, give you advice about the terms of the agreement and whether it is likely to be seen as fair and we can draft the pre-nuptial agreement for you.Post-nuptial AgreementsUnlike a pre-nuptial agreement which is entered into before a marriage (or civil partnership), you may decide to enter into a post-nuptial agreement during the course of a marriage (or civil partnership) instead.There could be a variety of reasons for this. For instance, you may not have had the time or inclination to consider an agreement at the commencement of the marriage but now feel it prudent to do so.A post-nuptial agreement can deal with a variety of issues in the event of a breakdown of the marriage or civil partnership including where you will live, what will happen to property, who will pay for outgoings, what will happen to joint bank accounts and payment of maintenance.The Court will give a lot of weight to a correctly executed post nuptial agreement as it will be strong evidence of the parties’ intention. However, there are exceptions. These include the lack of full and frank financial disclosure or independent legal advice. It is therefore important to ensure that you seek legal advice if you are considering entering into a post-nuptial agreement to give you the best chance of ensuring that the agreement can be relied upon when it really matters.We will take information from you about what has been agreed, give you advice about the terms which have been agreed and whether it is likely to be seen as fair and we can draft the post-nuptial agreement for you.Free information meetingWe are pleased to offer all potential new clients a free, no obligation information meeting.The meeting will not normally be longer than 20-30 minutes and is designed to give us the opportunity to take a little bit more information from you and give you a general overview of what we can do to help and how much it might cost.We find that this works very well because it allows you to make an informed decision about whether to engage our services and gives you the opportunity to establish an immediate relationship with us in person.Our feesWe are able to offer very competitive, cost effective and flexible packages to suit your individual needs dependent upon how much or how little you would like us to do for you.Next StepsFor more information, an informal chat or to book an appointment – call our family law specialist on 020 7790 2000 or email This email address is being protected from spambots. You need JavaScript enabled to view it.
Continue reading

Financial Remedies

It is very often the case that before or during the course of a marriage or a civil partnership, the parties will have acquired assets either in their sole name or jointly with their spouse or civil partner.If the marriage or civil partnership later breaks down, the parties will need to consider what will happen to those assets and whether any other orders are required (e.g. in relation to maintenance or pensions). Adams can help you to resolve these issues.In our experience, financial arrangements on divorce or dissolution usually work best when the parties have been able to make their own decisions about their finances rather than if they have had a decision imposed upon them by the court. For this reason, we will try to encourage you to think about alternative dispute resolution methods and assist you to come to an agreement with your spouse or civil partner in the first instance if possible.There are a number of ways that we can assist you to reach an agreement with your spouse or civil partner about the division of your assets. Please see our mediation page for more information (link to mediation page)If you are able to reach an agreement with your spouse about the financial aspects of the relationship breakdown, we can record the terms in a consent order which can then be sent to the court for approval. The court will usually approve the order without either party being present. Once the order has been approved, it is legally binding and enforceable. This has the benefit of giving the parties certainty that neither of them can go back on what has been agreed between them. We can offer a fixed fee to draw up the consent order for you – please contact us for more information.Separation AgreementsSeparation agreements, like the name suggests, are agreements entered into by both parties upon separation.You may be thinking about separating from your spouse or civil partner. Alternatively you may have separated, perhaps very recently, and though you’d like to get your financial affairs in order, you may not be ready to take the step of petitioning for divorce just yet.In such circumstances, you may find that a separation agreement is very useful. It can deal with a variety of issues on separation such as who will meet obligations and outgoings and for how long, what will happen to joint debts, what will happen to property, what maintenance is to be paid and it can even set out where it has been agreed that the children will live and how often they will see the other party.A separation agreement is not legally binding. However, if it has been entered into with the benefit of independent legal advice and following full and frank financial disclosure by both parties’, it will be very strong evidence of the parties’ intentions and the court will be reluctant to depart from it except in exceptional circumstances.It is important to ensure that you obtain legal advice to ensure that we give you the best chance of ensuring that the agreement can later be relied upon if necessary.We will take information from you about what has been agreed, give you advice about the terms which have been agreed and whether it is likely to be seen as fair and we can draft the separation agreement for you.We can offer competitive fees which can usually fixed when we know what is involved. Please contact us on 020 7790 2000 or This email address is being protected from spambots. You need JavaScript enabled to view it. to find out more.Financial RemediesIf attempts to resolve the financial aspects of the divorce or dissolution are unsuccessful, you may need to consider applying to the court for a financial remedy. We will usually do so when we reach the Decree Nisi stage of the divorce (because it is not possible for the court to approve or make an order until this stage of the proceedings.Types of order that the court can makeThere are a number of different types of remedy available to the court. These include the following types of order; Property adjustment – an order transferring or settling property Periodical payments – an order for payment of money on a regular basis Lump sum – an order for a lump sum payment (sometimes by instalments) Pension sharing or attachment – various ways of sharing pension rightsMaking the application and the court processWe will prepare your application for you and send it to the court for issue.When your application has been issued by the court, both parties will be required to exchange information about their financial affairs. This is known as financial disclosure and the court will expect the parties to be full & frank about their finances – there are sanctions for failure to do so. The application will also be listed for a First Appointment (the first hearing).When disclosure has been forthcoming, and both parties are satisfied that the information to hand is complete and accurate, we can usually start to negotiate a potential financial settlement.Sometimes it is possible to come to an agreement before the First Appointment. In general however, most financial remedy applications do reach at least this stage. It is quite possible that an agreement can be reached at the first hearing, provided that the parties are satisfied that there has been full and accurate disclosure.If it is not possible to reach an agreement, or there is further disclosure outstanding, the Court will give directions as to how the matter should proceed. These directions usually consist of case management provisions i.e. the disclosure of any outstanding financial information, valuation of properties which cannot be agreed or gathering additional evidence for instance. The court will also list the matter for the next hearing which is known as the Financial Dispute Resolution hearing (or FDR).Many cases will settle before or during the FDR hearing. At this hearing, both parties’ representatives will make submissions to the Judge setting out what their client is seeking. Having heard those submissions, the Judge will then give an indication of the likely order that the parties could expect to receive should the matter proceed to a final hearing. The parties then have the option of negotiating an agreement based upon the indications given the Judge, or setting the matter down for a final hearing if an agreement still cannot be reached. However, the indication given by the Judge is often very persuasive and can help to narrow the issues in dispute. It is for this reason that many cases settle at this stage or shortly afterwards.The factors which the Court will take into accountWhen determining what constitutes a “fair” settlement in your case, we will take various matters into account as set out in s.25 of the Matrimonial Causes Act 1973.The factors which will be taken into account include the following; The income, earning capacity, property or other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including any potential increase in earning capacity. The financial needs, obligations and responsibilities of both parties. The standard of living enjoyed by both parties within the marriage. The age of each party and the duration of the marriage. Any physical or mental disability of either party. Any contributions which either party has made to the marriage or is likely to make. The conduct of each party (if it is considered that to disregard the behaviour would be unfair). The value to each party of any benefit which, upon dissolution of the marriage, that party will lose the chance of acquiring.Since the court has a very wide discretion to apply the factors set out above and due to the fact that every case is different on its facts, it is useful to have clear and comprehensive legal advice throughout the process.Financial InjunctionsSince the process of determining a fair financial settlement upon divorce or dissolution can take some time resolve, it is important to ensure that all of the assets of the marriage are maintained as far as is possible.Unfortunately, it is sometimes the case that one of the parties will attempt to try to dispose of assets to prevent the other party from establishing a claim or an interest in them.If this should occur, it is very important that urgent consideration is given to obtaining a financial injunction. This can prevent a disposition before it occurs or can sometimes be obtained to freeze proceeds received from a disposal which has already taken place. It may also be possible to apply to ask the court to set aside the disposal.We will need to take detailed instructions from you about your situation to establish whether it is possible and necessary to apply for a financial injunction in your case. In exceptional cases, these applications may be made without informing the other party that you are doing so.If you suspect that there is any possibility that a disposition has been or is about to be made, it is important that you contact us as a matter of urgency so that we may meet with you to discuss the options and the merits of your case.Free information meetingWe are pleased to offer all potential new clients a free, no obligation information meeting.The meeting will not normally be longer than 20-30 minutes and is designed to give us the opportunity to take a little bit more information from you and give you a general overview of what we can do to help and how much it might cost.We find that this works very well because it allows you to make an informed decision about whether to engage our services and gives you the opportunity to establish an immediate relationship with us in person.Next StepsWe are able to offer very competitive, cost effective and flexible packages to suit your individual needs dependent upon how much or how little you would like us to do for you. Please contact us on 020 7790 2000 or email This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.Save
Continue reading

Get in touch


Please let us know your name.

Please let us know your email address.

Please provide subject

Please enter a valid phone number

Please let us know your message.

Invalid Input

“We pride ourselves on exceeding our clients’ expectations, investing in our people and achieving the highest standards.”