According to research, 84% of people want family or friends to be able to make decisions for them if they become too ill, yet only 7% of people have an LPA in place.
Lasting Powers of Attorney and how to use them
Why Making a Will Makes a Difference
How to sell your home faster
Christmas Jumper Day
We were delighted to part in Christmas Jumper Day 2023 and raised over £100 for Save The Children.
DIY Divorce – does it work?
BSG Solicitors Shortlisted For Family Award
BSG Solicitors are thrilled to announce we have been shortlisted at the inaugural British Family Law Awards 2024 in the category Excellence In Client Care.
The British Family Law Awards have been established to recognise excellence and celebrate success across the family law sector. The event is organised by the Today’s Media Group who also run the highly regarded British Probate Awards and British Conveyancing Awards.
The Excellence In Client Care award is judged on how the firm operates in the best interests of the client and embeds a culture of excellence. Each entry has been scrutinised by a judging panel made up of industry experts to establish the shortlist, with the winners announced live on 25th January at a black tie event in Bristol.
Barbara Richardson, Head of the Divorce and Finance Team at BSG Solicitors commented:
“To be shortlisted in this category exemplifies what we strive for at BSG – delivering the very best service for our clients and achieving successful outcomes.
We are delighted to receive this recognition and to be shortlisted against some of the largest firms in the country shows that we are able to provide clients in Lancashire the very highest level of expertise and experience across the full range of family law services.”
BSG Complete Dare2Dip Challenge!
A team of intrepid adventurers from BSG Solicitors have successfully completed the Dare2Dip Challenge in aid of CancerCare.
This year marks CancerCare’s 40th Anniversary and they asked businesses and individuals to show their support by taking the plunge into some very cold water! BSG decided to make this challenge a little harder and combine this with one of Grunnill Fitness’ adventure trails before immersing themselves in a tarn at the top of a hill in the Lake District.
Partner Rebecca Lauder commented:
“It was an amazing experience and a wonderful opportunity to show our support for a charity that holds special significance for us at BSG Solicitors.
A huge thank you to Emma Grunnill for guiding us through warm-up activities and leading the trail before our icy dip. The walk beforehand, coupled with finishing in the dark, definitely added to the challenge.
Emma Edwards, Partner at BSG Solicitors and a Trustee at CancerCare added:
“The services and support provided by CancerCare across South Cumbria and North Lancashire are invaluable to people coping with cancer diagnosis or bereavement. The vast majority of funding comes from public donations and I’m delighted we’ve been to show our support and Dared2Dip!
Of course it would all be nothing if it wasn’t for the wonderful people who have donated to our fundraising efforts, we really are so grateful to them. Thank you also to everyone at BSG Solicitors, not only those who took part but everyone who donated, provided much needed encouragement and shared our social media posts.”
BSG Solicitors Dare2Dip
We are delighted to be taking part in the Dare2Dip Challenge supporting CancerCare.
This year CancerCare have asked us to take the plunge, get out of our comfort zones and into some very chilly water! Whilst there are lots of ways people can take part in this fund-raising activity, we thought as desk dwellers we would up the ante and take on one of Grunnill Fitness’ adventure trails, before submerging ourselves in a tarn at the top of a hill. To make this even harder we are starting our adventure at the end of the day on Friday 17th November as light falls and finishing in the dark.
With the assistance of personal trainer Emma Grunnill, who was recently placed 3rd in Natural World’s strongest woman, we will be warming up before embarking on our walk and then bracing ourselves for a fresh dip in the tarn.
Rebecca Lauder, Partner commented:
“As soon as we heard about Dare2Dip we knew we were up to the challenge. We briefly discussed ice baths in the office car park but thought we could make this even tougher. CancerCare is a brilliant charity which is close to our hearts at BSG Solicitors, one of my business partners, Emma Edwards, is on the board of trustees and we’re always keen to show our support.”
This year marks CancerCare’s 40th Anniversary. Over the last four decades, they have helped tens of thousands of people find the strength to face the future after the devastation of a cancer diagnosis or death of a loved one. It costs nearly £2m each year to provide free professional therapy to local people and more than 90% of this comes from public donations.
Enforcing financial orders
Having successfully obtained a financial order following divorce or dissolution of a civil partnership, this does not necessarily represent the end of the road. This is because further legal action may still need to be taken to enforce that order. This can sometimes be the case, even if the order was reached on mutually agreeable terms, where the reality of the financially stronger spouse or civil partner having to part with any money or assets may be causing some delay. Below we look at what can be done to remedy this problem.
How can a financial order be enforced?
In most cases, once the court has either made or approved an order as to how the matrimonial or partnership finances are to be split, the relevant payments or property transfers will be made in accordance with the terms of that order — and the parties can move on. Sadly, however, in some instances, the paying party will simply refuse to part with the money or assets which they are due to pay or transfer to their ex.
Fortunately, there are a number of ways of legally addressing a refusal to pay up, where the courts have various robust powers to ensure compliance with any financial order made. This will be the case even if an order was agreed by consent, provided it was put before a judge for the court’s approval, in this way making that consent order legally enforceable.
The potential routes available to enforce the party in default to comply with a financial order can include a charging order, an attachment of earnings order, a third party debt order, a warrant of control, or various orders relating to the sale or transfer of property.
Which option is best to enforce a financial order?
When it comes to enforcing a financial order, the best available option will depend on both the nature of the order and the sums involved. In cases where a large lump sum payment is due, the court can be asked to secure the money owed by placing a charge over any property owned by the defaulting party. This is known as a charging order. This is like having a mortgage in favour of the non-defaulting party, where an order for sale can subsequently be sought if the money is still not forthcoming. In contrast, where spousal maintenance has not been paid, an attachment of earnings order can be sought, requiring the employer of the defaulting party to deduct this money directly from their wages.
Other enforcement options can include a third party debt order, asking the court to seize money, usually held in a bank account in the name of the defaulting party, in full or partial settlement of the sums owed; a warrant of control, asking the court bailiffs to seize and auction off any goods belonging to the defaulting party; and, in the context of property adjustment orders, an order for the defaulting party still living in the property to leave and/or for the court to sign the relevant papers where the defaulting party refuses to do so.
Importantly, even though there will be a cost to taking proceedings to enforce a financial order, it is usually possible to ask the court to add these costs to the money owed so that reimbursement can also be claimed from a former spouse or civil partner.
Legal disclaimer
The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to its’ accuracy, and no liability is accepted for any errors or omissions. Before acting on any of the information contained herein, expert advice should be sought.
