FAQs

Can my child change his name?

We can help both adults and children change their names. Please be aware however, that children under the age of 18 will need the permission of both parents before we can legally change their name.

Can I change my name more than once?

Yes, you can change your name as many times as you choose, so long as it is not done with fraudulent or deceitful motives.

I was not born in the UK. Can I still change my name?

Foreign nationals and asylum seekers are able to change their name by deed poll. However, we strongly recommend that you check with your country’s embassy or high commission in London to understand whether a change of name by deed poll will be accepted to get your passport changed.

Who inherits if I don’t have a will?

There are detailed rules for deciding who receives your assets if you die without making a will, click here to find out more.

Our family lawyers will explain these in detail to you and help you to write a will according to your wishes.

Will my partner have to pay inheritance tax?

In most cases where you are married or in a civil partnership there won’t be any inheritance tax to pay as they are an ‘exempt beneficiary’. However, we are able to advise the most appropriate way of writing your will to ensure this is the case.

Can I leave money or possessions to my favourite charities?

Yes, you can stipulate in your will for money, shares or assets to be left to charity. Inheritance tax isn’t usually payable on these transfers to UK-registered charities.

What is domestic abuse?

Domestic violence covers a range of situations where one person in some way harms another person, with whom s/he has some pre-existing relationship.

Domestic violence can therefore be one person physically attacking another or it may be another form of abuse such as pestering with phone calls.

It is not my partner but someone else abusing me...

For the above actions to be counted as domestic violence, the victim and the perpetrator must have had some form of relationship, but they do not need to be heterosexual partners and they need not live in the same property.

What happens if my ex-partner breaches the injunction?

It is a criminal offence for them to ignore it so contact your local police station. However, if the situation is urgent, and you are in danger, call 999.

I left home to escape my abuser. Can I get my house back?

The court can also make an order limiting and defining the occupation of your home. So for example, it can prohibit the other person from coming into your bedroom. Or it can exclude the other person from the home altogether, even if he or she is the legal owner of that home.

What can I do if I think my partner will change my child’s surname or move abroad?

You will need to apply to the court for a prohibited steps order. A prohibited steps order prevents the other parent from doing something without the consent of the other party or the Court: For example you would apply for this order to prevent the following:

• prevent a change of surname
• removal from jurisdiction
• to prevent you or the father from enrolling a child at school
• or from preventing a child receiving medical treatment

We’ve not seen our grandchildren since their parents divorced. Can we apply to see them?

As grandparents, you do not receive automatic rights to see your grandchildren. However, you can “seek the leave of court” to apply for the right to have contact with them. Our experienced family lawyers will be happy to explain the process to you.

Our children may be taken into care. What can we do?

Every case is different, so it is easiest if we talk to you about your situation. We can help you contact the local authority to understand their concerns and explain the situation to you and the options you have. In less serious cases, we can help you to talk to the local authority to set up a working agreement so your children can stay at home.

an we get our children back out of care?

Our advice will depend on your situation. We will start by finding out the reason for their care order and how serious the local authority believes your case to be. We can then advise you whether it will be possible to contest the care order (which may lead to the children being returned to you) or whether it is likely that a placement order will be given for them to be fostered or adopted.

Am I eligible to apply for a divorce?

The court will only grant you a divorce if a judge agrees that your marriage is at an end. The legal term for this is 'irretrievably broken down'.

You must satisfy the court that one or more of the following is true as proof that your marriage is over:

• adultery by your husband or wife
• unreasonable behaviour by your husband or wife
• desertion for a period of at least two years
• two years' separation, if you both agree to the divorce
• five years' separation, if there is no agreement to the divorce

How quickly can I get divorced?

The initial stages can take about 6/9 months and there is a compulsory delay of six weeks between the decree nisi and decree absolute which accounts for a considerable portion of this. How long a divorce takes exactly does rather depend on the speed with which third parties (the court and the Respondent) deal with their respective parts as it is not all dependent upon the Petitioner.

How do we sort a financial agreement for our divorce?

If you still have an amicable relationship with your husband/wife it may be possible to agree a financial settlement without appealing to the court for a decision. Having reached an agreement with regards to any property and finances we can draw up a Consent Order which details the agreement you have made.

Both parties sign this agreement and then it is sent to the Court to be sealed by a judge. Provided the judge is satisfied that both parties have understood what they have signed and that the agreement is a reasonable one, there will be no need to appear in court.

Once the Consent Order has been sealed by the judge it forms a legally binding document and means that no further financial claims can be brought by either party.

We are not married but have been living together for a number of years. Can you help now that we have ended our relationship?

Yes, we can help draft a separation deed (an agreement of who gets what), as well as consider whether you are eligible to make an application under the Trust of Land and Appointment of Trustees Act for any legally owned property. We will work with you to reach a favourable settlement with the other party so that you get your fair share.

The police stopped me in the park, but my dog is a Staffordshire Bull Terrier.

Under the Dangerous Dogs Act 1991, you are allowed to own a Staffordshire Bull Terrier. However, it is your responsibility to prove its breed. We can arrange for your dog to be assessed by a breeds expert and argue your dog is exempt from the Dangerous Dogs Act.

Can the police just come and take my dog if they think it is a dangerous breed?

The police or local council dog warden need a warrant to seize your dog from your home or private place. However, they do not need one to stop you and seize your dog in a public place.

What will happen to my dog when it has been taken by the police?

Your dog will be taken to the police kennels and you will not be able to see it. The court will decide whether to return the dog to you if you prove it is not a type of banned dog, order that your dog is destroyed if it's judged to be a type of banned dog or grant an exemption if it thinks your dog is not a danger to the public and put it onto the government's Index of Exempted Dogs.

Why do I need a solicitor?

Even your initial interview at a police station will have an influence on your case if it reaches court.

Our solicitor will check on your welfare and protect your rights and ensure that your interview is conducted fairly. We will determine the evidence being held against you and advise you on how to deal with that as well as applying for bail.

The police have asked to talk to me at the Police Station. What will happen?

Anyone can be asked to go to a police station for a chat or interview. Even in this situation you are entitled to a solicitor and free legal representation. See our video about being asked to go to the Police Station.

It is important to realise that even under informal circumstances, you are likely to be arrested at the police station, searched, fingerprinted and a sample of DNA taken before an interview takes place. You may be put in a cell.

It can be tempting to avoid a wait in the cells by having an interview without a solicitor present. However, you or a relative can call us before you leave for the police station and we can meet you there, advise you of your rights and ensure you are treated correctly and fairly.

Do I qualify for legal aid?

We would normally represent you privately however in some circumstances you may qualify for legal aid. We can discuss this with you.

Do I need legal advice before going to court?

Try to talk to us as soon as possible if you are summoned to court or charged by the police.

We will give you expert advice and represent you in court.

My son has been accused of cyber bullying on Facebook. What can we do?

We will talk to you about the circumstances and help you deal with any investigation. If it involves the Police we will help in the Police Station and work to avoid a Court case. You may need the help of one of our trusted computer experts to prove your son wasn’t involved.

Someone I care about has been accused of creating a malicious website. What can we do?

We will talk to you about the circumstances and help you deal with any investigation. If it involves the Police we will help in the Police Station and work to avoid a Court case. You may need the help of one of our trusted computer experts.

Someone has uploaded a video onto the internet of my friend doing something against the law. Will the police find out?

The police can arrest people on this evidence and anyone else involved in it. We strongly recommend that your friend contacts us immediately to discuss their situation. We can then arrange to meet them at the police station and advise them in their interview.

Indecent images have been found on my PC but I’m not sure how they got there.

How those images got there can be vital and our specialised help can throw doubt on Police evidence and help prove your innocence.

I have been seen using a mobile telephone and have now had a fixed penalty or court summons. What will happen to my HGV/PSV licence?

You are going to be called to appear before the Traffic Commissioner for a conduct hearing. The use of mobile telephones by HGV/PSV drivers has been on the increase and the Traffic Commissioner will take a dim view often suspending your licence.

I have committed a Drivers’ Hours Offence. What happens now?

If this is your first offence or the first for a long time you may be given a formal warning letter if you can assure the Traffic Commissioner that you will become familiar with the driver’s hours rules. If this is a repeat offence then you are likely to be called before the Traffic Commissioner in a Conduct Hearing and could be suspended for a minimum of a month.

I have been cautioned for possession of cannabis. Do I need to worry?

Yes you do. Because of the effects drugs can have on your driving you will be called before the Traffic Commissioner and you are at risk of a suspension.

I have a spent conviction more than 10 years ago. Will this be ignored in my application?

Not necessarily. The Traffic Commissioner can admit a spent conviction where it is felt to be relevant e.g. to your fitness to hold a licence. We may be able to make representations that the conviction isn’t relevant maybe because of the circumstances or your age at the time. The Commissioner will be looking at it from the interests of the public.

I am a taxi driver and have been caught for speeding. Will I lose my taxi licence?

One fixed penalty should not trouble the Local Authority but two committed close together or the use of a mobile phone will lead to enforcement action.

One of our drivers had his badge in his pocket when stopped. What happens now?

our driver has committed an offence and could be took to Court and fined. This may also affect the renewal of his taxi driver licence.

I am a sales rep and have been caught for speeding. Will I lose my driving licence?

Wherever a Court has the power to endorse your licence it also has the power to disqualify. The Court will use guidelines as a starting point and then listen to your lawyer. As you are in a special position with your job the wrong outcome could lose you your job. We can help you put forward a powerful case to keep your licence.

One of our drivers was has been offered a Driver Improvement Course. Does he have to go?

He doesn’t have to but these courses are often an alternative to being taken to Court. Even with the course fee and the inconvenience it is often best to accept the offer. We can discuss this with you if you’re just not sure.

When should I contact a solicitor?

The sooner you contact us, the more choices you may have. To give yourself the best chance you should speak to us before your first Court date.

I have been in an accident and don’t want to give a blood sample because I took drugs earlier. Can I refuse?

Hospital procedures require you to give a blood sample when you have been involved in an accident. Refusing unreasonably can result in you being prosecuted.

I was just sitting in my car, so why was I arrested for being in charge of a vehicle under the influence of drugs?

If you have been taking drugs and sitting in your car, the police can arrest you for being in charge of a vehicle whilst under the influence of drugs. We can help you to establish whether you can prove that on balance there was no likelihood of you driving under the influence of drugs and defend you in court.

When should I contact a solicitor?

The sooner you contact us, the more options we have available. If you can contact us before you go to the Police Station all the better, however the nature of drink driving cases is that you will often not have the chance to ask for our help until you have been arrested or after you have been released. See here for information about contacting a lawyer. You or a relative can call us as soon as you are arrested. We will meet you at the police station to avoid unnecessary delays.

I think I was given a laced drink. Can you help?

We regularly defend people who have been given a drink that isn’t what they thought it was: Maybe you’ve asked for non-alcoholic lager and been given ordinary lager; maybe someone has laced your drink with spirits without you knowing. We will explain your options, collect the evidence to prove your case and can commission one of our experts to do the calculations that will support your case.

I drank after I was seen driving. Can you help?

We regularly defend people who can argue that their subsequent alcohol reading was affected by what they drank afterwards – the ‘hip-flask’ defence. The Courts need a lot of convincing that at the time of the driving you were below the limit – you will need our help to prove this.

I was driving a sick relative to hospital. Will it make a difference?

It may do – if you drove because of an emergency we can help persuade a Court not to disqualify you – this is called a Special Reason. We will investigate your circumstances and argue your Special Reason with the Court.

I was only moving the car a short distance. Will it make a difference?

It may do – where there is no likelihood of your coming into contact with other road users we can argue that you should not be disqualified – this is called a Special Reason. We will investigate your circumstances and argue your Special Reason with the Court.

I have been asked to provide a breath sample even though I wasn’t driving. What should I do?

Provide the sample exactly as requested. If the Police have reasonable grounds to think you may have been driving you must provide a sample. We can argue you weren’t driving later but if you unreasonably refuse to give a specimen you might be found guilty.

Can I have a disqualification removed from my driving licence?

Yes. An application to remove a disqualification can be made. When you can apply depends on when the disqualification was imposed. Its success depends on what you were banned for and what you have done since the ban was imposed. We will investigate your circumstances, make the written application necessary and then make the application to the Court.

I slept in my car after a party. The Police say I am in charge of a vehicle over the limit?

If you have been drinking and then sleep in your car, the police may arrest you for being in charge of a vehicle whilst being over the drink drive limit. If you weren’t going to drive while still over the limit we can help you put forward a statutory defence.

I have received a Notice if Intended Prosecution. What shall I do?

You must answer this notice to confirm the identity of the driver concerned. Delaying your response or not answering is likely to result in you being prosecuted for the motoring offence and for not giving police the information requested. If you’re not sure how to answer the form then contact us.

If you are not sure who was driving at the time then you should contact us to help you answer the form properly to try and avoid you being prosecuted for someone else’s mistake.

We can advise you on the best way to answer these questions.

We can also help with what might then follow – a Court summons for a motoring offence or an offer of a fixed penalty or a driver improvement course.

What is a fixed penalty ticket?

If this is a straightforward motoring matter and it isn’t too serious then you may be offered a fixed penalty ticket. This is a financial penalty and the endorsement of your licence with three penalty points. Our lawyers will advise you on your options.

There are times when we can ask the Police to review whether you should have been prosecuted at all. Sometimes we can ask the Police to consider sending you on a driver improvement course as an alternative to prosecution. Although you would have to pay for the course you would not suffer the endorsement of your licence.

I already have points on my licence. Will I lose my licence?

We will be able to advise you whether your points are spent by looking at the date of the new offence and the dates of any points on your licence. This isn’t as straightforward as you may think as the penalty points that count are all those occurring within three years of the new offence.

If you are a New Driver – that is you have passed your test within the last two years – you may also have your licence revoked by the DVLA if you get 6 penalty points on you licence – talk to us about this to find out where you stand. It may be too late when you send off your licence to be endorsed or hear from the Court you are to be banned or have your licence revoked. Please don’t leave it to luck.

When you have 9 current points on your licence you can expect not to be offered a fixed penalty ticket and to be summoned to Court. We can represent you in court, defend your case and argue any special circumstances to help keep your licence.

If we are going to fight for your licence then it is best that we speak to you when you know you are likely to go to Court and at the latest when you get a summons so we can begin preparing for Court.

Why have I been offered a driver improvement course?

You may be offered a driver improvement course instead of being prosecuted or given a fixed penalty ticket for speeding or other motoring offences such as careless driving. It would be wise to discuss this with us before making a decision.

What happens if I am caught speeding 30mph over the speed limit?

If you are travelling up to 30 mph over the speed limit then the Court can impose a range of points from 3 to 6. When you start getting close to 30mph above the speed limit or more the Court will always consider whether to disqualify you.

If you are a new driver or you already have 6 points on your licence you may lose your licence. Depending on your circumstances we can make a case for lesser points, or where you are at risk of a disqualification, grounds why you should not be disqualified.

The police have asked me to go to the Police Station. What will happen?

Anyone can be asked to go to a police station to meet a Police Officer. Sometimes the Police will treat you as being a volunteer – i.e. you have attended voluntarily and you may be helping them with their enquiry: You still have the right to have a lawyer and should follow the steps given here.

However often the Police will fail to mention that when you get there they are going to arrest you and take you into the Custody Block. There you will be searched, fingerprinted, photographed and a DNA sample taken from you. If there is any delay to you being spoken to you will often be placed in a cell.

It is important to realise that even when attending as a volunteer you can still be arrested when you get there.

The Police may try to persuade you not to have a lawyer by saying ‘you will have to wait ages for a Solicitor’. This simply isn’t true! If you instruct us we will attend the Police Station quickly. It is still best to have contacted us beforehand so we can attend with you and make sure there isn’t any delay.

Do I qualify for legal aid?

Many of our clients are eligible for legal aid. The earlier we talk about your funding, the better, as if you want to apply for legal aid you need to produce proof of your income and capital with the application. If you don’t qualify or you do not want legal aid then we will give you a good idea of overall cost at the outset. We will discuss how you can pay for your court case.

Do I need legal advice before going to court?

Try to talk to us as soon as you know you are going to Court as we may need to take urgent action in order to defend you. We will tell you how to prepare for the hearing and what you can expect. Sometimes the Court will expect you to indicate what your intended plea is and whether you intend to be represented.

How do I get legal representation (legal aid)?

If you have been charged with a criminal offence, we can help you apply to the court for legal representation. We will need to collect information from you and will usually need proof from you of your income and savings. If you live with a partner then we will also need information and documents from them. We will discuss with you whether you need to bring your partner to our first meeting. If you can’t we will discuss your options.

Sometimes the Court will ask for a financial contribution from you. If this is likely to be the case we will discuss this with you when we apply for funding.