FAQs

From here you will find answers to the most frequently asked questions across all our services. Using the filter simply choose either business or individual to access the complete range of services available. Can’t find the answer you are looking for? Contact us to discuss your query.

I have been forced to marry someone I don’t love, what can I do?

A

Forced marriage is against the law and if you are under 18 it is classed as child abuse.  You should always have a choice about if you want to get married and who you want to get married to and you do have a right to say no.  If you are worried that you are going to be forced into a marriage you do not want, the main thing is that you tell someone, this could be a teacher, or another adult that you trust.  You could report it to the police. You can also contact the Forced Marriage Unit (+44(0)2070080151).  If you are at the airport, you can speak to the security officers or the police who will be able to help you.  If you have already been forced into a marriage, then your solicitors can apply for a forced marriage protection order, (this can also be applied for if you fear that you are being threatened with a forced marriage), such an order is designed to protect you and is normally dealt with as an emergency application without notice to other parties so that protection is in place straight away.  If you are worried about attending court, to obtain a forced marriage protection order, then various arrangements can be put into place to protect you.

Click here to see the Facebook Page, or here to see the Government site for more information

 

My partner has had an affair, what can I do?

A

Marriages/relationships can be saved even where there is infidelity. Marriage guidance counselling services such as Relate may be able to assist. However, you may want to have legal advice about whether or not you should divorce/separate.  Adultery (having an affair) is a ground for divorce, however if you carry on living together for a period of more than six months after you have discovered about the affair, then you would lose the ability to divorce on that particular ground. 

If you decided that the marriage/relationship has broken down as a result of the affair, then you should get legal advice as to all the implications of your relationship breaking down i.e. financial implications and children issues.  Please note that having an affair would not normally prevent a party from having ongoing contact with their children, but there may of course be issues about whether any new partner should meet with the children and the timing of the same.

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I have suffered domestic violence, what should I do?

A

Domestic violence can manifest itself in many ways.  Many people just think of physical violence but domestic violence is much more than that, it can include controlling behaviour, psychological or emotional abuse, sexual or financial abuse. 

Solicitors at Smith Partnership can help to protect victims of domestic violence and their children.  We can seek injunctive orders, the main types of orders are non-molestation orders which prevent someone from using, or threatening, physical violence, it also prohibits intimidation, pestering etc.  If this order is breached, it constitutes a criminal offence.  Occupation orders can also be obtained, this order relates to who lives in the family home.  Smith Partnership work closely with the police, refuges and Local Authorities to help victims of domestic abuse become safe and obtain the protection they need. 

I want to sell my business how much will it cost?

A

There are numerous factors that affect the sale of a business and there is no one size fits all answer to this question; your business is after all unique and something in which you have invested significant time and effort. If you are thinking of selling your business we have an experienced and dedicated corporate and commercial team who can guide you through the process and will be happy to provide you with a number of different options in terms of our costs.

Do I need terms and conditions for my business?

A

Properly drafted terms and conditions will provide clarity and help avoid costly disputes. They will help protect your business, ensure you comply with the law and prevent miscommunication with your customers. Whilst there are certain terms that are common from one business to another it is important to ensure that your terms properly reflect your business.

How do I buy a care home?

A

There is a lot to consider when buying a care home. Firstly, are you buying the existing company (i.e. the shares of the company through which the home is operated) or the business of that company? This is a fundamental question as it affects much of what follows. The care home will be an ongoing business and the apportionment of costs/liabilities/income etc. both before and after the purchase is completed will be affected. There are also regulatory considerations that must be borne in mind.

What are articles of association?

A

The articles of association are the basis of a company’s constitution regulating its operations. It is possible to adopt standardised model articles but it is important to consider your requirements as the articles can be amended to suit once they are properly understood. We can help you consider the options and tailor your company’s constitution. 

Do I need a solicitor to register a limited company?

A

It is not essential that you engage a solicitor but certainly advisable that you do. There are a number of different kinds of limited company and it may be that an alternative structure such as a Limited Liability Partnership is more appropriate. There are considerations that if not addressed correctly at the outset can have a significant impact later. Sound professional advice can help you deal with such issues properly and tailor the company to your specific circumstances.

What licence do I need to run a pub?

A

You are going to need a premises licence in order to provide any of the following licensable activities:

  • The sale of alcohol
  • The provision of regulated entertainment
  • The provision of late night refreshment

We can apply for a premises licence on your behalf and guide you through the complex application process as well as arrange to advertise your application in a local newspaper as required.

What do I need to do to get a licence?

A

You will need to complete a premises licence application form and submit it to the relevant Licensing Authority (and relevant authorities) together with a scale plan for the premises. If you intend to sell alcohol then you will need to nominate a Designated Premises Supervisor (DPS) on the application. The DPS will need to provide a consent form (the DPS also needs to hold a personal licence) and you will also need to submit the relevant fee with the application.

After you have put your application in you'll need to:

  • place a public notice on your premises to allow for 28 days’ consultation 
  • place the same public notice in a local newspaper within ten working days of submitting the application

There will be a 28-day consultation period which allows consultees and members of the public time to consider your application, and raise any concerns under the licensing objectives. Once this period has expired without any representations having been made, your premises licence will be granted.

A hearing must be held if any representations are made in respect of the application. If a hearing is held it can result in the licence:

  • being granted
  • being granted subject to additional conditions
  • have licensable activities listed in the application be excluded
  • being rejected

A premises licence lasts for an unlimited time unless the licence is revoked, suspended or surrendered.

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