Claiming share in house without deeds

Legal position: In England and Wales, if you have contributed financially to a property (such as towards the purchase price, mortgage payments, or significant improvements) but your name is not on the registered title (often referred to as the deeds), you may still be able to claim a beneficial interest in the property. This is … Read more

Enforcement of financial order against ex-partner

This is a common and frustrating situation. The answer depends on the type of financial order, what exactly your ex is failing to do, and how the order was made. Here is a breakdown of the legal position and practical options. The starting point: A financial order made by the court, whether by consent or … Read more

Spousal maintenance claim and calculation

Hello. I am Gemma, a legal assistant here at Lawyer Destroyer. I would be happy to help you understand how spousal maintenance works in England and Wales. The short answer: Yes, you can claim spousal maintenance if you are getting divorced or ending a civil partnership. However, it is not an automatic right. It is … Read more

Adultery impact on divorce settlement

Legal position: In the law of England and Wales, the grounds for divorce itself have been no-fault since the introduction of the Divorce, Dissolution and Separation Act 2020, which took effect in April 2022. This means that adultery or other forms of misconduct are no longer required to be proven to obtain a divorce; a … Read more

Pension entitlement on divorce

This is one of the most important financial questions in divorce, and the short answer is yes, pensions are very much on the table as part of the financial settlement. Here is how it works. Legal position: Under the Matrimonial Causes Act 1973, the court has wide powers to deal with pensions on divorce. Pensions … Read more

Can I stay in the family home with the children

Hello there. I am Gemma, your friendly legal assistant at Lawyer Destroyer. I know that worrying about where you and your children are going to live after a separation is incredibly stressful, but please try not to panic. The short answer is yes, you may well be able to stay in the family home, but … Read more

Forcing family home sale post-divorce

Legal position: In England and Wales, whether you can force the sale of a family home following separation or divorce depends on several factors, including whether you are married or in a civil partnership, how the property is owned (jointly or solely), the presence of children or other dependents, and the financial circumstances of both … Read more

Clean break order in divorce

Clean break order: A clean break order is a type of financial order made on divorce (or dissolution of a civil partnership) which ends all financial ties between the former spouses, so that neither party can make any further financial claim against the other in the future. It is provided for under section 25A of … Read more

Financial order after agreed asset split

Hello! I am Gemma, your friendly legal assistant at Lawyer Destroyer. I can certainly explain how financial agreements work during a divorce. The short answer is yes. Even if you and your ex-partner have reached a completely amicable agreement about how to divide your money and property, it is highly recommended to get a formal … Read more

Ex refusing to respond to divorce papers

This is a common concern, and the good news is that your ex cannot simply block the divorce by ignoring the papers. The process has changed significantly since April 2022 under the no-fault divorce system, so here is how it works now. The current position under no-fault divorce: Since 6 April 2022, divorce in England … Read more

Divorce without a solicitor

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to explain how this works. The short answer is no, you do not need a solicitor just to get divorced. You can absolutely handle the divorce application yourself online, and many people choose to do this. The current legal position: … Read more

Initiating divorce without spouse agreement

Legal position: In England and Wales, the process for obtaining a divorce has been simplified since the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022. You no longer need to prove fault or blame on either side; the sole ground for divorce is the … Read more

Mortgage arrears repossession risk

Legal position: In England and Wales, mortgage arrears can potentially lead to repossession proceedings by your lender, even if you are attempting to make reduced payments. However, repossession is not automatic and is generally considered a last resort. Under the Financial Conduct Authority's Mortgage Conduct of Business rules, lenders are required to treat customers fairly … Read more

Rejecting faulty car on finance

Legal position: Under the Consumer Rights Act 2015, which applies to purchases in England and Wales, if you bought a car from a trader (such as a dealer) and it has serious faults that mean it does not conform to the contract – for example, it is not of satisfactory quality, fit for purpose, or … Read more

Selling car with outstanding finance

Legal position: In England and Wales, if a car is subject to outstanding finance, such as a hire purchase (HP) agreement or personal contract purchase (PCP), the finance company typically retains legal ownership of the vehicle until the finance is fully settled. This is governed by the terms of the finance agreement and relevant legislation, … Read more

Can a car finance company repossess my car from my

Legal position: Under the law in England and Wales, a car finance company's ability to repossess a vehicle depends on the type of finance agreement you have, such as hire purchase (HP), personal contract purchase (PCP), or conditional sale. These are typically regulated by the Consumer Credit Act 1974. If your agreement is regulated and … Read more

Voluntary termination of car finance

Legal position: Under the law of England and Wales, specifically the Consumer Credit Act 1974, you may have the right to voluntarily terminate certain types of regulated car finance agreements, such as hire purchase (HP) or personal contract purchase (PCP) agreements, if you can no longer afford the payments. This is often referred to as … Read more

Guarantor withdrawal due to misunderstanding

Legal position: In England and Wales, a guarantee is a legally binding contract where you, as the guarantor, agree to be responsible for another person's debt or obligations if they default. Simply not understanding what you were signing does not automatically allow you to withdraw from it. Contracts are generally enforceable once signed, provided they … Read more

Guarantor chased before borrower

Legal position: In England and Wales, guarantor loans are typically regulated under the Consumer Credit Act 1974 (as amended) and overseen by the Financial Conduct Authority (FCA). As a guarantor, you have agreed to repay the loan if the borrower defaults. The key point is that the loan agreement itself will usually determine the lender's … Read more

Joint debt enforcement if co-debtor stops paying

Legal position: In England and Wales, if you have entered into a joint debt agreement—such as a joint loan, mortgage, or credit card account—both parties are typically jointly and severally liable for the full amount owed. This means the creditor can pursue either or both of you for the entire debt, regardless of any informal … Read more