Drug testing can screen for the use of illegal drugs, as well as the misuse of prescription medications, over-the-counter medicines, and legal substances including alcohol and tobacco.

There are various methods we use to test for drugs.  Hair strand drug tests identify drugs or their break-down substances in a sample of hair and is a non-invasive, painless and reliable procedure..

Once a drug is consumed, it enters the bloodstream and travels throughout the body.  Scientists can analyse hair samples to detect these trace amounts of drugs and their metabolites, which are substances produced by the body when a drug is taken and can be used to show drug use.    A laboratory analysis can then provide an interpretation of the levels of drugs detected.

During hair strand drug testing, scissors are used to remove a small sample of hair.   While drug use and misuse may not actually appear in the hair until 7 to 10 days after drug exposure, once it enters the hair it remains for weeks, months, or even years.   

How long drugs remain detectable in hair is called the ‘window of detection’. The length of the detection window varies based on a number of factors, including the amount and frequency of drug use or misuse and the rate at which the drug is metabolized in the body. Some drugs continue to enter new hair growth for months after a person’s last drug exposure.

The window of detection also varies based on the amount of hair tested. Although longer samples of hair can be tested for drug exposure over a longer period of time, a standard sample of hair from the scalp is 1.5 inches and provides information about approximately 90 days of past drug exposure.   So roughly, 1cm = 1 month.   A hair sample taken from a different part of the body where hair grows more slowly may have a detection window of up to 12 months.

The cost of the testing can vary so shop around.

In family proceedings, the basic rule is that the Court can make costs orders as it thinks fair in all the circumstances. 

However, in relation to costs in proceedings for a financial order, they are subject to the general rule that the Court will not make an order requiring one party to pay the costs of another party.

Of course there are always exceptions.

The Court can make an order requiring one party to pay the legal costs of the other where it considers it appropriate to do so if the other party’s conduct before or during the proceedings has been less than helpful.

In considering whether to make a costs order the Court will consider:

 (a)    any failure by a party to comply with the court rules or any court order;

 (b)   rejection of any reasonable open offer to settle;

 (c)   wasted time/costs ie whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

 (d)    litigation behaviour – ie the manner in which a party has pursued or responded to the application or a particular allegation or issue;

 (e)    general bad behaviour ie any other aspect of a party’s conduct in relation to proceedings which the court considers relevant; and

 (f)     the financial effect on the parties of any costs order.

Add to this that once there has been full and mutual financial disclosure, if you do not openly negotiate reasonably, then you risk having to pay the other party’s costs.  This applies whether the case is big or small.   If you run up costs unnecessarily, then you risk having a costs order made against you.

Along with the house, the pension pot is one of the largest financial assets in the family.  You & your spouse might have a mix of his, hers, theirs, and yours but all need to be correctly valued and assessed within the context of an emotional and economic family breakdown.  You must begin by assessing what you actually have in the pot and when you might be able to access that pot.   Providers can be slow in producing the required valuation  but you’ll need this to make a start.  And you must read the small print – so if you don’t fancy doing it yourself, ask a lawyer who will!  Once you understand the asset, you then need to consider how it could be shared upon divorce.

Offsetting

Pension offsetting is where one person keeps their pension in exchange for giving up another asset, such as the family home.

Pros: This approach is relatively straightforward and allows the parties to have a clean financial break from each other upon divorce.

Cons:  This is more straightforward with a private pension than with an occupational pension.   The party who forfeits the other’s pension may lose out.  After all, a pension is generally designed to produce an income rather than be a savings account.

Pension sharing order

With pension sharing, a percentage of one person’s pension is transferred to the other.

Pros: Both parties end up with a separate pension.

Cons: It’s relatively complex initially. You may need financial advice (which comes at a cost) to improve your chances of getting a fair split, especially if its an occupational pension under scrutiny.

Pension attachment order

One person pays an income or lump sum to the other when they start taking their pension.

Pros: Like pension sharing, it can result in a fairer split of the pension.

Cons: An attachment order essentially a form of maintenance paid to the former spouse, so it doesn’t allow for a clean break. The pension-holder retains control over the choice of investments and when the payments to their ex-partner are made.  These do not seem to be very popular yet in the right circumstances, they could be very reassuring as there is less risk of default.

As ever, your solicitor is here to help – just ring us on 01206 577676 or send an email to [email protected] and book an appointment.

At the moment, separating couples have until the end of the tax year in which they separate to transfer assets including property other than the main residence without incurring CGT.

This means that tax on any gains resulting from the transfer are not payable until the asset is disposed of by the receiving spouse or civil partner, who will be then be treated for tax purposes as having acquired the asset at the same original cost as the transferring spouse or civil partner.

In practice, this means that a separating couple are under pressure to reach a quick settlement if they are to avoid CGT.  Quick settlements are just not always possible, especially when there is emotional upheaval to deal with.  There are many future considerations to be considered when separating – where to live; how to pay the bills; how to cope alone….

So, it is good news that from 6^th April 2023, separating spouses or civil partners are to be given up to three years after the year they separate in which to make ‘no gain or no loss’ transfers.   This is further extended to assets that separating spouses or civil partners transfer between themselves as part of a formal financial agreement ancillary to divorce.   I would always recommend a formal agreement in any event but even more so now.

In many cases, especially where there are children involved, the matrimonial home remains in joint names, or one party transfers his/her interest to the other upon the basis that they will receive a percentage of the sale proceeds once the house is sold – typically when the youngest child is 18.  

At the moment, potentially, CGT will be payable by the party who vacated the home but post-6^th April 2023, that party is also given an option to claim Private Residence Relief (PRR) when it is sold.  This applies whether the house remained in joint names, or one party transferred his/her interest to the other pending sale (and their share of the capital) at some later date – more good news.

To find out more or how we can help, please call our office on 01206 577676. 

Nothing happens to your mortgage when you divorce or separate. It doesn’t change.

All parties on a joint mortgage are jointly and severally liable for making sure the full capital and interest payments are made every month, irrespective of who lives in the property or any personal agreements between borrowers.

You and your ex-partner are equally liable for the mortgage – this remains true even if the loan is based on the income of one party or if one party moves out of the property. Your lender has the right to chase both parties, either jointly or individually, for payments – plus any costs, legal fees or loss made upon any possible repossession.

Any refusal to pay the mortgage will impact your ex-partner’s credit file as well as yours. You will both enter into arrears, meaning it will be much harder to secure a mortgage or any form of credit moving forward.

Do you have enough money to pay for your own accommodation having left the family home as well as paying the mortgage?  You might need to explain to your ex- wife/husband that there simply isn’t enough money to pay for two homes and that you may need to sell the family home unless you can work together to resolve the situation.  If she/he is desperate to stay in the home, she/he may need to look into other options.

What Can I Do if My Ex-Partner Stops Paying?

Speak to your lender as soon as your ex-partner indicates they won’t be maintaining their share of the mortgage payment.

Lenders sometimes show leniency on cases where they’re kept updated. Some lenders may even consider reducing your monthly payments by converting to interest-only or extending the term.

Other options if your ex-partner stops paying and a transfer of equity is refused include:

• Replacing the person coming off the mortgage with someone who can afford it – family money? Equity release?
• Downsizing by selling the house and repaying the current mortgage – note that neither party can sell without the agreement of the other
• If your ex thinks you can afford it, she/he might apply for Interim Maintenance but the best thing to do is to start thinking long-term as to what she/he wants and how to achieve it.
• Getting a financial remedy order to remove your partner from the title deeds but not the mortgage – they would have no further claim to the property but still be liable for the mortgage
• Can she afford the mortgage on her own?  Remortgaging in your name only if deemed affordable by the new lender

If you would like further information, please do not hesitate to contact us on 01206 577676.

Divorce. One of the most stressful times in our lives.   Dealing with what’ll happen to the house, what’ll happen to the children… The last thing anyone wants to think about (even at the best of times) is tax.   Capital Gains Tax to be specific, or CGT for short.

Charges to CGT arise on the disposal of an asset if its market value or sale price is higher than its acquisition value or purchase price.

The current rate of CGT is 10% of any gain made for basic rate income taxpayers, and 20% for higher rate income taxpayers.   For the disposal of residential properties, this rate is increased to 18% and 28% respectively, unless an exemption applies.   There are also deadlines by which HMRC must be notified of any gains and the CGT must be paid, otherwise one may be liable for interest and further penalties.

At present, couples that are married or in a civil partnership can transfer assets from one to the other without incurring any liability to CGT.   The receiving spouse is deemed to receive the asset at its acquisition value. This means that there is no immediate tax payable on the transfer- it is effectively deferred until a subsequent disposal.

If they then decide to split up, such transfers will only be exempt from CGT until the end of the tax year in which they separate – up to and including 5^th April of that tax year.   For CGT purposes, couples are treated as separated if they transfer those assets following a court order, a separation agreement or are separated ‘in such circumstances as are likely to be permanent’.   Therefore, if a couple separates in November for example, they have only until the following April to reach agreement and then transfer assets between them if they want to avoid incurring charges to CGT – a matter of months.   This deadline can pile even more pressure on couples already going through a turbulent time and, even with the best intentions, they are subject to factors outside their control, such as lengthy administrative and court delays.   Following the end of the tax year in which they separate, any assets passing between the couple will be deemed to be transferred at the current market value. The gain will be calculated using this figure and CGT worked out accordingly.

On 20^th July 2022, HMRC published draft legislation for the Finance Bill 2023 which proposed extending the deadlines for disposals made on or after 6 April 2023.  Spouses will be given up to 3 years, after the year in which they separate to transfer assets between them without incurring a charge to CGT. Better still, those who transfer assets pursuant to a court order or separation agreement, will have unlimited time by which to do so.  The money that would otherwise be spent on CGT, can be better spent elsewhere, for example on rehousing the spouses and their children.

A spouse who retains an interest in the former matrimonial home i.e. continues living there will continue to have the option to claim Principal Private Residence Relief when it is sold.   The spouse who transfers their interest in the former matrimonial one i.e. moves out but is entitled to receive some of the sale proceeds when it is sold, can apply for the same tax treatment to those proceeds as were applicable when they transferred their interest.  This scenario can be particularly useful for couples who want to postpone selling the family home under what is known as a ‘Mesher Order’ to allow their children to remain living there until they are adults.   At present, Principal Private Residence Relief is available to the resident spouse but only in very limited circumstances to the spouse who vacates.

Remember these proposed changes have not yet been implemented and the current law still stands.

Tax is a complicated issue, and we recommend you seek professional advice from an accountant before committing to any decision to do with your separation or divorce.

If you would like further information, please do not hesitate to contact us on 01206 577676.