Month: April 2019

What are the risks of using a DIY legal document?

It is cheap and easy to purchase DIY kits for producing legal documents, but they don’t come without risk.

Whilst it may appear to be quick and simple to fill out a do-it-yourself template for a legal document, can you really be confident that it is valid and will achieve the desired outcome?

Just some of the dangers of using a DIY legal document include:

  • Document is invalid.
  • Template is outdated.
  • Errors mean it results in a different outcome than desired.
  • Errors incur a penalty.
  • Distress for you and your family if the desired outcome is not achieved.

When it comes to legal documents, just one small mistake or miswording could invalidate or completely change the meaning of the document.

The law is intricate and complex, and precision and accuracy are key. Sometimes, in the simplest of cases, a generic template may suffice, but often a more bespoke approach is required.

Legal documents can have long-lasting effects for you and your family and are not something that we’d advise trying to take shortcuts with.

Saving money on the cost of your legal document could well turn out to be false economy if a mistake then incurs penalties or you are required to start again due to an error.

Advantages of using the services of a specialist solicitor

Having your legal documents created by a specialist solicitor will save you time and stress as well as offering you peace of mind that they are free of errors, valid, and will achieve your desired outcome.

Your solicitor will also be able to offer you bespoke advice and guidance tailored to your individual needs, advising you on additional areas that you may wish to consider.

At Lund Bennett our team of specialist solicitors can create professional legal documents for every aspect of family law, from cohabitation agreements to separation agreements. Give our team a call on 0161 927 3118 to discuss your requirements.

Do I need consent from my ex to change our child’s name?

If a parent wishes to change their child’s surname, they should first seek the consent of any other person with parental responsibility.

There are several reasons why a parent may wish to change their child’s name after a separation or divorce. If the parents were married, then it is quite common for one party to revert to their maiden name. Similarly, if one person remarries, they may wish for the child to take their new family name.

Whatever the reason for the name change, everyone with parental responsibility should consent to the change in writing before it can be changed.

When there is consent

If all parties with parental responsibility are happy with the proposed name change then the change can be made via deed poll. If the child in question is aged between 16 and 18 then they too must sign the deed poll to consent to the change of name.

When there isn’t consent

If your ex disagrees with the name change and you cannot get their consent, then you will need to apply for a Specific Issue Order to change the child’s name.

The court will then decide whether the name change is in the best interests of the child. A few factors that will influence their decision includes the length of time the child has had their existing name, the reasons for the change, the effect changing or not changing their name could have on the child, and the child’s wishes.

Specific Issue Orders can also be requested by the opposing parent in order to prevent the name change.

Requesting a Specific Issue Order

If you require a Specific Issue Order to either apply to change your child’s name or prevent it being changed, get in touch with our team of specialist family law solicitors here at Lund Bennett by calling us on 0161 927 3118.