Same Sex Marriage, The New Law

We have of course had Civil Partnerships, (sometimes known as ‘gay marriages’) for 10 years, but now the law has changes to introduce full marriage equality for LGBT people.

Same sex couples will now be able to marry, with the first marriages between couples of the same sex being celebrated on 29^th March.

Couples who are already in a civil partnership will be able to convert this into a marriage, although this may take a little longer, as the practical steps for doing so have not yet been set out!  It is anticipated that the relevant regulations will be in place by the end of this year. When a civil partnership is converted into a marriage,  the couple will be treated as having been married since the date of the original Civil Partnership ceremony.

The change in the law means that the marriages of gay couples who have married abroad will also be recognised under English Law (provided that the marriage was legal in the country where it took place)

While of course no-one gets married excepting the marriage to fail,  sadly many marriages do end in divorce, so the new laws also deal with divorce for same-sex spouses. Provisions are now the same for same-sex spouses as for opposite sex couples, although it should be noted that as the definition of adultery refers  to adultery having sex with another man (if you are a woman) or another woman (if you are a man) it will not be possible to issue divorce proceedings if your husband has a relationship with another man, or your wife has a relationship with another woman, whether you are gay or straight.

Another change which the new law brings  is that it will allow married, transgendered people to remain married and to obtain a full gender recognition certificate. Until now, a full certificate could not be issued unless any pre-existing marriage or civil partnership was ended, forcing some cipels to divorce in order to allow one spouse to fully transition. Now, provided that both spouses want to remain married, this will be possible.

If you need advice about any issues relating to divorce, separation, pre-nuptial agreements or in relation to other family matters, please contact Marjorie Taylor (mtaylor@fdc-law.co.uk or Marion Fisher (mfisher@fdc-law.co.uk ) for further advice.

Naomi Hill - FDC Law's newest lawyer

We are very happy to welcome another new member of staff to FDC Law.

Naomi Hill joined our Private Client Department on Monday and is settling in.

Senior Partner James Hollis welcomes Naomi Hill to FDC Law

Naomi is a very experienced Private Client FILEX (Fellow of the Institute of Legal Executives), who has extensive experience advising in relation to Wills, Probate, Tax Planning, Trusts, Powers of Attorney and Deeds of Variation.

As well as her qualifications as a Legal Executive, Naomi is a member of the Society of Trust and Estate Practitioners, (STEP).

Naomi will be based at our Frome Office, and is taking instructions now on all aspects of will making, estate planning and administrations. She can be contacted on 01373 463311 or directly via e-mail nhill@fdc-law.co.uk  

FDC Law returns to its roots.

You may have noticed, if you have looked at the website, or  have passed one of our offices this week, that we are now once again FDC Law Solicitors, rather than “QualitySolicitors FDC Law”. We’ve made the change as we feel that we are better able to serve our local communities by remaining independent, which allows us to tailor our services to  local needs, rather than being tied in to National campaigns.

We will continue to provide a comprehensive, local, expert service to all of our clients. As you may know, this includes flexibility in when and where meetings take place, where appropriate. All of our solicitors’ and other advisors’ contact details are directly available via our website so you can always contact us directly if you need help or advice.

If you are an existing client of the firm, the same person will continue to deal with your case. If you are considering instructing us, you can feel confident that we will provide you with truly independent, expert advice.

FDC Law has roots going back to 1692, when James Wickham first opened his doors in Frome as an “Attorney at Law”, and over the years, we have seen many changes, including changes in our name, premises and colour schemes, but the one thing which has, and will, remain unchanged is our commitment to providing the best quality of expert advice, tailored to your specific needs. 

Margaret Grant Joins FDC Law's Expanding Property Department

The Partners and staff are delighted to welcome Margaret Grant to the firm. Margaret joins our expanding Property department and will be based at our Frome Office.

Margaret has over 10 years experience in dealing with Residential property transactions, dealing with both freehold and leasehold properties.

Margaret has been based in Somerset for much of her career, most recently in Salisbury, and is a Fellow of the National Association of Licensed Paralegals, having achieved a Distinction in her Fellowship Award.

Margaret explains "I started my career as a Personal Assistant, before deciding I wanted bigger challenges, and qualifying as a paralegal, specialising in Conveyancing. I am looking forward to getting to know local agents and to becoming a part of the community in Frome, and at FDC Law"

Partner Martin Short welcomes Margaret Grant to the Firm

Martin Short,  senior Property Lawyer at the Frome Office, adds "As FDC Law is a leading player in the property market in and around Frome, Our conveyancing department is always very busy, and Margaret provides a very welcome addition to our team"

Margaret is now accepting instructions to deal with the sale and purchase of residential property, including leasehold properties, new build and listed buildings, and can be contacted on 01373 469153 or by e-mail mgrant@fdc-law.co.uk.

New Property Lawyer!

We are delighted to welcome Stuart Roxborough to FDC Law. Stuart has joined our expanding property department, and is available now to take on new instructions.

Jonathan Wood welcomes Stuart Roxborough to the Firm

Stuart has now started working with Property Department head, Partner Jonathan Wood, in the Midsomer Norton office. Stuart explains,  "I have worked in the South West for the past 3 years, after gaining experience as an In House lawyer in both in property development and at a National Building Society. I have a lot of experience in Residential Conveyancing, including dealing with planning and development, and also with Commercial work"

 Jonathan Wood  confirmed "As a leading player in residential and commercial property  in Midsomer Norton and the surrounding areas, FDC is always extremely busy, and adding Stuart to our team will allow us to offer those services to an even wider range of clients"

Stuart can be contacted at our Midsomer Norton office. 

A Winner!

FDC Law's Senior partner, James Hollis has been very busy over the last few weeks -If you attended  the Frome Cheese Show you may have met James, and he was also to be found selling programmes at the Frome Carnival

As well as representing the firm at these local events, as part of our long term commitment to support our local communities James has found time in his personal capacity to enter Nunney and District Flower Show.

As you can see, James was very successful and got to take home some striking silverware!

Congratulations to James (and next time, bring in some of the tasty home-grown goodies for us to share!)

Will Writing - The Need for Consumer Protection

The Ministry of Justice has confirmed that, despite a report from the Legal Services Board  finding that "There is consumer detriment in the will writing market, and that the reservation of will writing activities [...] could address this detriment" they will not be changing the rules to make will-writing a "Reserved Activity" (one which can only be carried out by someone who is properly qualified and authorised)

Because will-writing is not currently a reserved activity, there are many organisations which offer will-writing services which may not have the appropriate knowledge or expertise, leading to serious problems.

At worst, unregulated will writers may lie about whether they are regulated or insured, may steal from their clients, or may simply fail to take into account what the person making the will wants or needs, leading to invalid wills or wills which don't have the effect intended.

One very common problem is that of disappearing companies, where the will writer or will writing company goes bust or disappears, leading to wills being lost, or to customers left with nowhere to turn to resolve problems. (if a will is held by a solicitor, then even if the solicitors firm were to go bust, the Solicitors Regulation Authority would step in to ensure that important documents are kept, and to provide insurance cover against negligence)

All of these problems can leave consumers with hefty bills to put things right.

The Law Society has called for will writers to be properly regulated, so that consumers are protected from fraud and incompetence. A petition calling for proper regulation, by making will-writing a reserved acticity, has been set up here, and we encourage you to consider signing it, to help raise standards across the board.

If you would like help or advice about making a will, estate planning or to help with dealing with the estate of  someone who has died, please contact James Hollis or Darrell Collins who will be happy to help.