IT is a sad fact that the divorce rate soars in the months of January and February with many couples waiting until after Christmas has passed before separating. January is always a difficult time financially. Separation or divorce will often increase that financial pressure. When you have children the situation can become more complicated and emotional.

   If you are thinking about divorce or separation, here are some points to consider: The one ground rule for divorce is the irretrievable breakdown of the marriage. There are five facts upon which a divorce petition can be based: adultery, unreasonable behaviour, two years’ separation with consent of spouse, desertion and five years’ separation.

   The divorce petition will need to contain details about which fact you are relying upon. If there are children you need to complete a separate form setting out details about the arrangements for the children. The completed divorce papers will be sent to the court and on to your spouse. Usually the process takes about six months.

   You and your spouse will need to think about what arrangements will best suit the children after you have separated. You should try to come to an agreement.

   The marital finances will need to be considered. The first step towards reaching an agreement is "financial disclosure" where both of you set out what assets and liabilities exist. Again you should try to come to an agreement about this, with the assistance of an experienced family lawyer. Mediation is also available for this process. A court application should be seen as a last resort.

   As an alternative, the "collaborative family law" process is a relatively new way of

DECEMBER is the traditional time to look back on the year and wonder, amongst other things, where it went. Not only has it been a busy year for Archer & Archer, which in difficult financial times is maintaining excellent progress, but also for members of our staff and the partners as well.

   The early part of the year saw the business sponsoring a fund-raising dinner for Ely and District Citizens' Advice Bureau held at the Hayward Theatre. In difficult financial times it would be a tragedy for the work of the Bureau to suffer or fail due to lack of finance especially as publicly-funded legal work is under attack from the Government. We support the ethos and work of the Bureau and partner Rachel Shaw is a trustee and company secretary. The spring saw the closure of Ely Magistrates Court and the transfer of work to Cambridge.

   During the year the firm once again supported local groups. This included sponsorship of the Ely Eel designed by Tabitha Frost for ADEC, as well as the very worthwhile Mayoral Youth Award which saw three "unsung" young people from Ely Community College recognised and rewarded for their endeavours.

   Rachel Shaw was a judge for the Ely Standard Business Awards. We enjoyed a great evening at the Lady Chapel in Ely Cathedral in October. Archer & Archer were pleased to sponsor the event. Our final sponsored event of the year was the Festive Fun Run held in late November to support the Arthur Rank Hospice in Cambridge. This year saw all manner of competitors some in fancy dress taking to the streets of Ely. Julia Norman one of our support staff assisted in the organisation of the event and Archer &

WHEN buying a house there are a lot of payments that you need to consider: the mortgage; Council Tax; insurance and utility bills to start with, but could you find yourself being liable to pay for the repair of part of a local church? Surely not in the 21st Century? Well think again as you could find yourself liable to contribute towards the chancel of the local church even though there is no mention of it in your title deeds.

   The liability relates to the historic responsibility for the upkeep of a church being divided between the rector and parishioners. Parishioners' responsibilities were eventually transferred by legislation to the church and do not cause a problem in property ownership. However, rectors were historically responsible for the upkeep of chancel of the church and when the lands of the rectory became divided by sale into private ownership, the responsibility to repair the chancel passed with the areas of land that were sold off to the new owners of the land. Even if the land is not adjoining a church, it does not mean there is no liability.

   Under the Chancel Repair Act 1932, a parochial church council has the power to serve a demand for the cost of the contributions towards the cost of repairing the chancel of the church. In the event that the owner fails to pay, then the parochial church council can enforce the demand through the courts.

   It is not known how many churches may be able to recover chancel repairs from people who own all or part of lands that were historically owned by the rector of the parishes, such as the church commissioners or cathedrals. Liability only effects land in parishes where the church dates back to the medieval period or earlier.

   The liability can be difficult to discover and such an obligation is rarely referred to in the title deeds, but this does not mean that there is no liability.

   At Archer & Archer we carry out a chancel check search, using a search provider, on every purchase transaction, which checks the data obtained from the National Archive to establish whether a property may fall within an area that has a potential chancel

FROM October 6, nonlawyers were able to invest in and own legal businesses for the first time, permitting institutions such as banks and supermarkets to offer legal services in addition to their usual trade.

   This change to the law has coined the much-used phrase 'Tesco law', even though the supermarket giant has yet to indicate whether or not they will be entering this market.

   Whilst access to such legal services via the telephone to a call centre or by email may be attractive to some, critics of this change brought in by the Legal Services Act 2007 are concerned that it may lead to a drop in the quality of the legal advice given. Levels of service are likely to be determined by their cost and common sense dictates that this will result in clients being served by nonqualified low-cost lawyers at arm’s length, perhaps dealing with different personnel at each stage of their transaction.

   At Archer & Archer we believe that legal services are best provided face-to-face with our clients, creating a rapport and relationship with them. All of our solicitors and legal executives have many years experience and clients are welcome to come and meet with their lawyer in our offices. Rachel Shaw, pictured, said: “We are happy to speak to our clients face to face, on the telephone or via email, and we are presently developing a case tracker to enable clients who are either buying or selling property to track the progress of their transaction securely and confidentially via our website. Our clients are always advised who they can contact should their solicitor or legal executive be unavailable, and also which

FILMS and television programmes are often made about disputes over wills and inheritances.

   If you care about what happens to your property after your death, you should make a will. Without one, the state directs who inherits your property so your friends, relatives and favourite charities may get nothing.

   At Archer & Archer, we can guide you through the options available to you when preparing to write your will and advise you of the tax consequences of your proposals.

   If you are not married or are not in a registered civil partnership then the law does not automatically recognise your partner. As a result, even if you have lived together for many years, your partner may be left with nothing.

   A will is also vital if you have children or dependants who may not be able to care for themselves. Without a will there could be uncertainty about who will look after or provide for them if you die.

   At Archer & Archer, we write and review wills on a daily basis and can discuss the implications of your will and help you to achieve your aims. We also regularly deal with the administration of estates and can use that knowledge to help you understand how it works.

   The consequences of using the wrong wording or not taking into account future eventualities could cause problems for your family and friends after your death.

   Unlike solicitors' firms, will-writing companies are not licensed. It was reported in Law Gazette on August 4 that more than 1,000 files containing wills and other confidential information were found dumped outside a willwriting company in Doncaster.

   The Society of Will Writers revealed that the files were left by staff at another willwriting company, Minster Legal Services, which ceased trading on the death of its sole director. The society had discovered that

ACTION is required from all home owner whose properties are not connected to the mains drainage system.

   If your property has a septic tank or sewage treatment plant, there are new regulations which require you to register the emissions with the Environment Agency (EA). At Archer and Archer, we can advise what steps you need to take to comply with these regulations.

   The terms of the Environmental Permitting Regulations 2010 now require all discharges from septic tanks and sewage treatment plants to be authorised by an Environmental Permit issued by the EA, or to be registered as being exempt from requiring one.

   Most property owners should be able to register an exemption free of charge using the EA’s on-line system at www.environment-agency.gov.uk.

   If discharge from your septic tank or sewage treatment plant is into a river or stream you must register immediately. An exemption is usually available as long as the discharge is less than five cubic metres per day and is via a sewerage treatment plant. No application needs to be made if either a Consent to Discharge or an Environmental Permit are already held.

   If your septic tank or sewage treatment plant discharges into the ground, for example by soakaway, you must register with the EA by January 1. The EA is usually prepared to provide an exemption as long as the discharge is less than two cubic metres per day, which according to the EA would be equivalent to the discharge from an eight-bedroomed house.

   Having obtained an exemption, you must comply with all terms and conditions including inspection, maintenance and regular removal of excess sludge.

   You will also be required to keep records of maintenance and repair and to take