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Divorce – simplified procedure divorce/dissolution of civil partnership

A simplified divorce procedure may be appropriate only where there are no outstanding financial matters to resolve between the parties and there are no children of the marriage or civil partnership under 16 years of age.

Initial meeting

We will first meet with you to consider and discuss if the simplified procedure is appropriate for your case. This may require us to gather information so we can be sure that the simplified procedure is appropriate.

For this first meeting, our fixed fee for an initial meeting with a Partner will be £300 plus VAT at 20% (and charged on an hourly basis thereafter), or £250 plus VAT at 20% for an initial meeting with a non-Partner (and charged on an hourly basis thereafter).

Our fixed price includes:

  • Meeting with you, taking instructions and providing advice on the simplified divorce procedure
  • Collecting information from you about your position, your finances and family circumstances
  • Assessing if simplified procedure is appropriate in your case and advising you on the next steps

Where the simplified procedure divorce/dissolution of a civil partnership is appropriate

If the simplified procedure is appropriate, then our fixed fee for completing a simplified divorce or dissolution of a civil partnership will be £300 plus VAT (in addition to the fee paid for the initial meeting).  This excludes outlays (fees which may need to be paid to third parties).

The outlays will include:

  • Court fees: These increase annually. The current fee is £128
  • Service fees: Service by sheriff officer, where service by recorded delivery has not been possible. The current fee is £13 plus the sheriff officers fee (usually about £100)

Our fixed price includes:

  • completing the application to the court and arranging for you to sign it
  • notarising the application to court
  • lodging application and any supporting documents with the court  

Note:  This fixed price will only cover the services mentioned. Your case may require additional work that is not included. We will discuss this with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in price that may arise.

Undefended non-simplified divorces or civil partnership dissolutions

An undefended non-simplified divorce/civil partnership dissolution procedure may be appropriate only where there are no outstanding financial matters to resolve between the parties but there are children of the marriage or civil partnership under 16 years of age.

Initial meeting

We will first meet with you to consider and discuss if these procedures are appropriate for your case. This may require us to gather information so we can be sure that the procedure is appropriate.

For this first meeting, our fixed fee for an initial meeting with a Partner will be £300 plus VAT at 20% (and charged on an hourly basis thereafter), or £250 plus VAT at 20% for an initial meeting with a non-Partner (and charged on an hourly basis thereafter).

Our fixed price includes:

  • Meeting with you, taking instructions and providing advice on the divorce/dissolution procedure
  • Collecting information from you about your position, your finances and family circumstances
  • Assessing if this procedure is appropriate in your case and advising you on the next steps

Where the undefended divorce/dissolution of a civil partnership is appropriate

If this procedure is appropriate, then our fixed fee for completing a divorce or dissolution of a civil partnership will be £1200 plus VAT (£1440 inclusive of VAT).  This excludes outlays (fees which may need to be paid to third parties).

The outlays will include:

  • Court fees: These increase annually. The current fees are £280.
  • Service fees: Service by sheriff officer, where service by recorded delivery has not been possible. The current fee is variable but usually about £120.

Our fixed price includes:

  • Drafting the court writ
  • lodging the application and any supporting documents with the court  
  • preparing and lodging witness affidavits and the final application for decree

Note:  This fixed price will only cover the services mentioned. Your case may require additional work that is not included. We will discuss this with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in price that may arise.

Undefended adoption petitions

An undefended adoption procedure may be appropriate only where you are seeking to adopt children under 16 years of age, and where the application is unlikely to be opposed.

Initial meeting

We will first meet with you to consider and discuss if these procedures are appropriate for your case. This may require us to gather information so we can be sure that the procedure is appropriate.

For this first meeting, our fixed fee for an initial meeting with a Partner will be £300 plus VAT at 20% (and charged on an hourly basis thereafter), or £250 plus VAT at 20% for an initial meeting with a non-Partner (and charged on an hourly basis thereafter).

Our fixed price includes:

  • Meeting with you, taking instructions and providing advice on the adoption procedure
  • Collecting information from you about your position, your finances and family circumstances
  • Assessing if this procedure is appropriate in your case and advising you on the next steps

Where the undefended adoption petition is appropriate

If this procedure is appropriate, then our fixed fee for completing an adoption petition will be £1200 excluding VAT (£1440 inclusive of VAT) per adoption petition.  This excludes outlays (fees which may need to be paid to third parties).

The outlays will include:

  • Court fees: These increase annually. The current fees are £132.
  • Service fees: Service by sheriff officer, where service by recorded delivery has not been possible. The current fee is variable but usually about £120.
  • Reporters fees.   The court will appoint reporters to make enquiries and to report to the court.   The costs of the reports are very variable but are unlikely to be less than £1500 and can be up to £3000.   Some, but not all reporters, are VAT registered so VAT may also be payable on the report costs.

Our fixed price includes:

  • Drafting the adoption petition
  • lodging the application and any supporting documents with the court  
  • reviewing and advising on reports
  • attendance at court when the petition calls

Note:  This fixed price will only cover the services mentioned. Your case may require additional work that is not included. We will discuss this with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in price that may arise.

Guidance on Our Charges

We believe it is the quality of our service that sets us apart, but we appreciate it is also important for you to have clear information on our charges.  

As you can see from this website, our firm carries out many different types of work.  Some work can be charged on a fixed fee basis.  Examples of this will include residential property purchases and sales, simple wills, powers of attorney, notarising documents, simplified divorces (or dissolution of civil partnerships), undefended non-simplified divorces (or dissolution of civil partnerships), sequestration petitions, undefended adoption petitions, and undefended residence actions.

You will find more information on the fixed fees charged here.

However, there are many areas of work where a fixed fee is not practical.  This is because, at the outset, neither you nor we will know how much work will be required to bring the matter to a satisfactory conclusion.  The very nature of legal matters often gives rise to unforeseen complexities and additional work. Examples of this would include the negotiation of a separation agreement, pre-nuptial agreements, any type of defended court action (including divorces and most civil disputes) and the administration of a deceased person’s estate.

Where we cannot offer a fixed fee, you will find more information on the non-fixed fees charged here.

In some areas where we cannot offer a fixed fee for the whole transaction, we can offer a fixed fee for an initial meeting. This will include family law and employment law matters. You will find more information on the fixed fee initial meetings here.

Guidance on Our Non-Fixed Fee Charges

Depending on the nature and complexity of your legal matter, the legal work undertaken by us may be completed by one or several members of our legal team.  Below we have set out the hourly charging rates for each of our fee earners where we cannot offer a fixed fee: -

 

Fee inclusive of VAT

Fee exclusive of VAT

Partner

£384 per hour (£38.40 per unit)

£320 per hour (£32.00 per unit)

Senior Associate

Associate / Consultant

£342 per hour (£34.20 per unit)

£324 per hour (£32.40 per unit)

£285 per hour (£28.50 per unit)

£270 per hour (£27.00 per unit)

Senior Solicitor/

Assistant Solicitor

£306 per hour (£30.60 per unit)

£294 per hour (£29.40 per unit)

£255 per hour (£25.50 per unit)

£245 per hour (£24.50 per unit)

Trainee Solicitor / Accredited Paralegal

£252 per hour (£25.20 per unit)

£210 per hour (£21.00 per unit)

Paralegal

Other Staff

£216 per hour (£21.60 per unit)

£180 per hour (£18.00 per unit)

£180 per hour (£18.00 per unit)

£150 per hour (£15.00 per unit)

Please note that if the above prices exclude VAT, then VAT will be charged at the prevailing rate (currently 20%).

We also charge for letters and documents on the basis of a Unit charge as follows:-

Letters per page of 125 words or part thereof

1.25 Units

Framing formal deeds, court writs, figured accounts and contractual documents (per sheet of 250 words or part thereof)

5 Units

Framing other documents, including documents created from a pro-forma or style (per sheet of 250 words or part thereof)

3 Units

   

Revising documents is charged at half of the above

Framing and extending witness statements (per sheet of 250 words or part thereof)

1.25 units

A Unit is based on an hourly rate and there are 10 units per hour.

The number of hours spent on your case will be determined by the complexity and the unique circumstances of your case.  We will discuss the likely cost of your case with you at our initial meeting. If additional costs arise due to unforeseen circumstances, we will discuss this with you at the earliest opportunity and we will advise you of any increase in cost that may arise.

The hourly rate does not include any outlays that may be required.  These are variable depending on the nature of the case.  We will discuss what these may be at our initial meeting.

We also make a charge of £35 plus VAT to help meet the cost to us of various regulatory matters that we are obliged to deal with by law e.g. the need to formally identify all clients to comply with the government’s money laundering rules, as well as contributing to the costs of postage.   This is only charged once for each transaction.   In respect of the administration of deceased Executry estates, this charge is assessed by an independent Auditor at a rate not exceeding 5% of the fee rendered (before commissions are applied, if applicable) – see further the section below regarding the administration of deceased Executry Estates on a non-fixed fee basis.

Additional information is included in our standard terms and conditions of business, and you can read this here.

If at the end of a transaction you are unhappy with our fee, then you may ask for an independent assessment of that fee by an Auditor of Court and you will be responsible for the Taxation fee in the first instance.  This process is known as “Taxation”. The Auditor of Court will fix a fair and reasonable fee in all of the circumstances and may fix a fee that is higher or lower than the original proposed fee. If it is lower, then we will reimburse you the costs of Taxation and reduce our fee. If, however, a higher fee is fixed or the original fee is confirmed as being fair and reasonable, then you will pay the cost of Taxation and we reserve the right to charge the higher fee.

Guidance on Our Fixed-Fee Charges

We recognise that clients wish to have certainty and transparency when it comes to legal costs.  We can offer fixed fees for certain types of work.   You will see the detailed information for the different types of fixed fee below.

There are terms and conditions that apply before we can carry out work for a fixed fee.  

We ask that payment is made on conclusion of the work.  Charges may apply if payment is by credit card.

As we have to comply with anti-money laundering regulations, we must have at the outset of the first meeting, one form of photo identification such as a current passport or photo driving licence and also one form of proof of your current home address such as your current year council tax demand, a receipted utility bill from the last three month period or a bank statement from the last three month period.

Unfortunately, if this information is not provided, then the work cannot proceed and we may charge for the work already done.

Other conditions are set out below for the individual types of work:

Guidance on Our Fixed Fee Initial Meeting Charges

We recognise that clients wish to have certainty and transparency when it comes to legal costs. Our family law, employment and private client teams offer a fixed fee initial consultation for £300 (inclusive of VAT) to allow you to meet with us to discuss your needs.

There are terms and conditions that apply before we can meet with you under this scheme.

We ask that payment is made on conclusion of our meeting with you. Charges may apply if payment is by credit card.

As we have to comply with anti-money laundering regulations, we must have at the outset of the meeting, one form of photo identification such as a current passport or photo driving licence and also one form of proof of your current home address such as your current year council tax demand, a receipted utility bill from the last three month period or a bank statement from the last three month period. Unfortunately, if this information is not brought with you, then the meeting cannot proceed.

Family Law

Whether you are contemplating a separation, looking to begin divorce proceedings or you are experiencing difficulties with regard to contact with children or finances, this consultation will provide you with:

  • a one-hour meeting with a family law solicitor who will be able to give you initial advice on your circumstances and the options that may be open to you.
  • a follow-up letter, or email if preferred, that sets out the advice given at your consultation and options to consider to resolve matters
  • where appropriate and if requested by you, appointments with other people within Macnabs who may be able to be of assistance to you, eg our property department for the sale or purchase of property, etc
  • an estimate of likely costs to bring matters to a conclusion and details of payment options

Employment Law

 On any employment law issue, our fixed fee meeting would include: -

  • a one-hour Initial meeting with you
  • Review of your documentation
  • Providing advice on legal position
  • Taking your instructions

Private Client

On any private client issue (e.g. inheritance dispute, Will dispute, Legal Rights advice, care cost or tax advice) our fixed fee meeting would include: -

  • a one-hour Initial meeting with you
  • review of your documentation
  • providing advice on legal position
  • taking your instructions

If you then instruct the firm’s private client team to take the matter forward, then a fixed fee can be agreed for the further work, if possible, failing which the initial fee for the meeting and advice will be credited to the final non-fixed fee calculated by the Independent Auditor of Court or Law Accountant.

Deceased Executry Estates

The firm’s fee for attending the full administration of a deceased Executry Estate is based on the time spent plus a percentage of the value of the estate and of the funds intromitted with and will be assessed by an independent Auditor of Court or a Law Account when the matter is complete. The maximum percentage commission charges (if applicable) are as follows:-.

Transfer of Heritage by Disposition

0.5%

Transfer of Heritage by docquet transfer

0.5%

Certificate of Confirmation for Moveable estate

0.5%

Transfer of Moveable Estate

1.5%

Realising capital

1.5%

Realising capital for reinvestment

0.75%

Investing capital

0.75%

Collection of income

5%

If a property is to be sold or transferred then any work will be charged separately, in addition to the fee for the Executry administration. The fee for the conveyancing element of any such sale or transfer will be assessed by an independent Auditor of Court or Law Accountant on completion, unless a fixed fee has been agreed at the outset with the firm’s Property Law department.  (Please note that if property is to be transferred to a beneficiary then that beneficiary may also require to consult an independent firm of solicitors to represent his /her interests which will incur costs for them which may or may not be able to be met from the Executry Estate.)

Our work dealing with a full Executry Estate will encompass:-

  • obtaining initial information from the Executor(s) regarding the assets and debts (if any) of the deceased’s Estate;
  • initial fact finding to ascertain the extent of the assets/debts of the deceased (e.g instructing an asset search) if required;
  • completing the application to the court for the Grant of Confirmation;
  • completing and submitting the abbreviated Inheritance Tax return to the court (or full Inheritance Tax return to HM Revenue and Customs, if required);
  • arranging for payment of Inheritance Tax from the deceased’s estate, if applicable;
  • exhibiting the Grant of Confirmation to the asset holders and ingathering the assets of the estate and/or having assets transferred to beneficiaries;
  • preparing a full accounting of the estate administration for approval of the Executor(s) and circulation among the beneficiaries;
  • making payments of inheritance to the beneficiaries and obtaining receipts;
  • attending to the self-assessment tax obligations, if applicable, of the Executry Estate during the estate administration period;

Our work administering an Executry Estate in full will not encompass (unless instructed and agreed separately) the following:

  • carrying out any Inheritance Tax planning or succession planning for any of the beneficiaries (e.g. Deeds of Variation / Deeds of Family Arrangement);
  • undertaking the property law work necessary to implement the sale of a property within the estate or the transfer of such property to a beneficiary.

If you have been offered voluntary redundancy, are facing compulsory redundancy, or if you are concerned that your job may be at risk, our solicitors can help. Unfortunately, redundancy is common and it can be a very challenging time for employees and businesses. Our solicitors can provide practical advice and guide you through the redundancy process, ensuring your best interests are represented at every stage. To discuss your circumstances, call our team today on 01738 623432 or use our online enquiry form.

Redundancy - Your Rights Explained

Redundancy happens where your employer has a reduced need for employees to carry out a particular type of work. Most redundancy situations arise as a result of a downturn in business. However, redundancy may also occur in other circumstances, such as where technology replaces a particular role in a business and therefore means that fewer employees are needed to carry out a particular task.

What does it mean to be made redundant?

Redundancy is a form of dismissal from your job; however, it is not the same thing as being sacked.

Typically, redundancy situations come under one of the following categories:

  • Where the business is closing
  • Where a particular site is closing
  • Where a business continues to operate but needs fewer employees to carry out the work

Regardless of the situation, your employer must follow the correct redundancy procedure. If your employer fails to meet the requirements of redundancy procedure, you may be able to bring a claim for unfair dismissal.

What Must My Employer Do in a Redundancy Situation?

If your employer is considering making redundancies, they must consult with employees who could potentially be affected. Employees must always be consulted individually. Where 20 or more redundancies may take place, the employer has a duty to consult employees collectively. Collective consultation includes entering into discussions with employees as a group, as well as any elected staff representatives or trade unions.

At Macnabs, our solicitors offer practical solutions to your employment law problems. We will guide you through the entire redundancy legal process, protecting your position at every stage.

Redundancy Selection Procedure

In many situations, an employer will not need to dismiss all of the employees that carry out a particular role and will need to select employees for redundancy. The employer must have a fair selection process in place. This includes:

  • Considering which employees should be included in the redundancy selection pool
  • Setting objective criteria for selection to assess employees in the selection pool
  • Making sure that the assessment and scoring is carried out objectively

What happens if I feel I have been unfairly selected?

Your employer must also consider whether they could offer you an alternative role in the business.

The process must be free from any discriminatory criteria. For example, your employer may not use a "last in, first out' selection procedure as this may amount to age discrimination. 

If you have been unfairly selected for redundancy, you may be able to claim compensation for unfair dismissal and/or discrimination. There is no minimum qualifying period to claim compensation for discrimination.

If you have been made redundant because the whole site or operation you work in is closing, then selection is not an issue as the entire workforce will be made redundant.

Contact our Redundancy Solicitors, Perthshire, Tayside & Stirlingshire

If you are concerned about redundancy, or if you are an OVO or SSE employee and worried that your job is at risk, contact our team to find out how we can help. We have offices in Perth, Blairgowrie, Pitlochry and Bridge of Allan and serve clients in Perthshire, Tayside & Stirlingshire and across Scotland. You can call us on 01738 623432. Alternatively, complete our online enquiry form, and someone will be in contact with you right away.

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