Meet the Lawyer - Tim Hotchkiss

TIM HOTCHKISS OVER TO YOU… 

TELL US A BIT ABOUT YOURSELF?

I am an Equity Partner of ABD based at and managing the firm’s Marlborough office.  I live in a village just outside of Marlborough with my wife and our baby son, who at the time of writing is 4 months old. 

WHAT AREA OF LAW DO YOU WORK IN?

I am based in the firm’s Commercial Department and have particular expertise in Development, Commercial Property and Agricultural Property as well as specialising in complex and high value Residential Property matters and Company Law.  I act for a wide range of clients locally and further afield, with a particularly strong portfolio of London property work. 

TELL US ABOUT YOUR JOURNEY TO THE LAW?

I started my career at ABD in September 2004 having deferred my place at the University of Nottingham where I was intending to study English.  Having always been interested in the legal profession, I felt that one year of work experience in a law firm would give me a solid foundation for potentially entering into a career in the legal profession once I had completed my academic studies.  

It was not long before I started researching other routes to qualification as a lawyer and I took the decision to enrol with the ILEX Tutorial College with a view to becoming a Fellow of the Institute of Legal Executives (FILEX).  After completing academic studies stretching over a 5 year period, I qualified as one of the youngest legal executives in the country during my mid-20s.  I was particularly proud of this achievement having undertaken a programme of part-time studies whilst running a full caseload in ABD’s Litigation Department.

I quickly decided to investigate the route to progressing to qualify as a solicitor.  I was advised that I had to undertake the Graduate Diploma in Law (GDL) in order to sit the Legal Practice Course (LPC).  I enrolled on the part-time GDL at the Leicester Institute of Legal Practice and completed the course with a Distinction. This enabled me to then enrol on the two year part-time LPC, again at the Leicester Institute of Legal Practice.  Having undertaken academic studies in law over a period of approximately 8 years, I was relieved to conclude the LPC and was delighted to be awarded a Distinction.  I qualified as a solicitor shortly after completion of the LPC. 

I became a Salaried Partner of ABD in 2016 and an Equity Partner in 2017.  

WHAT ARE 5 WORDS A CLIENT WOULD USE TO DESCRIBE YOU?

Logical – I am a firm believer in seeking to keep issues as simple as possible and always strive to provide clear advice to clients combined with sound reasoning. 

Efficient – I pride myself on providing an efficient service to all of my clients and have a strong team around me to ensure that such standards of service are always maintained. 

Diligent – ABD always seeks to recruit lawyers that are attentive, offer an excellent client service and have a constant drive to achieve our clients’ aims.  I am no different and firmly believe in this objective. 

Professional – There is no doubt that the law has changed over the years and that many of my clients prefer a more relaxed approach from their solicitor than perhaps once was the case.  That said, one must never forget the overriding duty of professionalism which is displayed by me and every other lawyer at ABD.

Tenacious – The transactions that I work on are often complex and there is always a danger of negotiations becoming protracted.  There is a certain tenacity in my approach to such transactions that clients would recognise, and which I believe is an important asset in getting a deal done. 

WHAT WOULD YOU SAY HAS BEEN YOUR CAREER HIGHLIGHT TO DATE?

As my colleagues will testify, I love my job and have had many career highlights to date.  Attending the Court of Appeal with Counsel on a case concerning the fiduciary duty of directors to avoid conflicts of interest is certainly up there in terms of my early experience. In recent times, I have derived particular satisfaction in dealing with a significant number of multi-million pound acquisitions of properties and development sites for well known developers and property investors both locally and further afield.  I am also particularly proud of the strong connection that I have forged with a number of property finance brokers based in and around London giving me access to a wide range of clients and contacts nationwide. 

WHAT/WHO INSPIRES YOU?

I thoroughly enjoy being involved in deal-making and achieving the best possible result from my clients.  It is particularly satisfying to be involved in complex transactions from their infancy and seeing them through to a successful conclusion.  This is certainly where I derive my inspiration from. 

WHAT DO YOU ENJOY TO DO OUTSIDE OF WORK?

I am a keen golfer and am always striving to lower my handicap (often unsuccessfully).  I also enjoy walking, particularly along some of the glorious South West Coast Path routes, cycling, and travelling to far flung destinations, although such adventures may have to be curtailed for the time being with a baby son now on board.  I enjoy watching most sports and am an avid Liverpool Football Club fan as well as a follower of Bath Rugby. 

A Quick Guide to Prenups

What is a prenup?

A prenup is a document which a couple sign, before they get married, to set out what the financial settlement would look like if they got divorced and to "ring-fence" any assets that one or both of them is bringing to the marriage, or that they may inherit during the marriage.

Ideally it is quite a flexible document; a prenup may deal with what would be the impact on the financial settlement of children being born to the couple and one of them giving up work, of one of them falling ill and not being able to work, or of a short, medium or long marriage. 

Even if you don't have a huge amount of money, should you still get one?

The benefit of having a prenup is that it gives certainty and minimises the risk of an expensive fight if Divorce happens. Couples have autonomy to decide how they wish to split their assets, rather than leaving everything to chance. 

For instance, a rental property may be owned by one person, often looked upon as their “pension” for later life. There may be limited equity in that property, but it provides a good source of income. If Divorce occurs, that property may well be sold and any equity split equally. What then for retirement? Savings and other investments received perhaps through an inheritance, may end up having a similar fate.     

What should you do if your partner asks you to sign one?

Talk through the reasons why your partner feels it is appropriate.  Take proper advice from a specialist family lawyer so that your “head rules your heart” and you know your rights. Don't be afraid to ask for a fair deal, taking into account your needs both now and in the future. Understandably this can seem like a daunting task - most people are busy putting the finishing touches to their special day and don't want to be spending time discussing a prenup!

Very often, marriages that don’t stand the test of time, involve an element of financial mistrust and disagreement. A lack of financial transparency between a couple, or misconceptions over how assets might be treated can lead to resentment and unhappiness. Talking through financial aspects before you tie the knot, is a good opportunity to go into your marriage with open eyes about what the financial picture is and what it would look like in the event you might get divorced. If your partner is driving the request for a prenup, then your lawyer will be there to advise and protect you.

How do you get a prenup?

A prenup in England & Wales (note there are different requirements in Scotland) is a sophisticated document and specialist advice is needed to make sure it is tailored to your family requirements. 

It is very important that:

- it is signed at least 28 days (and usually no more than 12 months) before the wedding;

- there is full and frank disclosure on both sides of the finances;

- you both have independent legal advice;

- its terms are fair; hence time must be taken to think about what would be the impact of future life events and the length of the marriage. 

They can take a few weeks to negotiate, depending on complexity and the negotiating positions taken, so if you are the one pressing for a prenup you are sensible to start the process at least 4-5 months before your wedding date. 

How much do they cost?

Costs will vary significantly, though a properly drawn up prenup is likely to cost from about a thousand pounds. A more complex prenup, involving substantial assets, perhaps trust funds & settlements, tax issues and foreign properties may cost more.  

This may sound like a lot of money, indeed it is.  However, how does the cost compare to the amount being spent on your wedding? Also, how does this compare to the cost of working out a divorce financial settlement if it all goes wrong? The price of protection is often only a fraction of these costs. If a couple end up divorcing without a prenup and needed to go to Court to sort out their financial settlement, then the costs of doing so may be tens of thousands of pounds. A prenup is an insurance policy against that sort of eventuality, because you are very significantly narrowing the scope for future claims. 

Can you sign a prenup after you are married?

Yes; this is called a "postnup". Sometimes couples have a postnup because they start prenup negotiations too late and miss the boat; sometimes it is because one of them is unexpectedly coming into money, perhaps an inheritance or a lifetime gift from a relative. Either way, postnups have the same legal standing if they are properly entered into. However, there is nothing that quite focuses the mind like a wedding date on the horizon! In my experience, it’s far better to get the issue resolved before you tie the knot!

At Awdry Bailey & Douglas we can help you prepare a prenuptial agreement that can stand the test of time. 

Contact Peter Berry on  01672 518620, or via email on peter.berry@awdrys.co.uk where he will be happy to offer a free until consultation or or visit our dedicated Family Law pages on our website.

Written by:

Meet The Lawyer - Georgina Catlin

GEORGINA CATLIN - OVER TO YOU…

TELL US A BIT ABOUT YOURSELF?

I am really interested in health and wellness and try to adopt daily routines where I can.  These encourage me to stay motivated when approaching work/life challenges or to stay calm when life becomes stressful.  This might include meditating or listening to a motivational speaker in the car on the way to work.  I am very family orientated and I love spending time with my twin sister, whether it is supporting my 6ft 5 rugby playing brother on the edge of a rugby pitch, or going for long country walks. Although we are very much a Rugby family, I do occasionally put my Man United hat on when watching the football with my partner! 

WHAT AREA OF LAW DO YOU WORK IN?

Family Law - which can be very broad and covers most issues that arise as a result of a relationship breakdown.  This could range from a divorce or separation and the associated financial issues that need to be resolved, or alternatively dealing with issues in relation to child care arrangements.

TELL US ABOUT  YOUR JOURNEY TO THE LAW?

I initially studied Law and Criminology at University but I soon realised that my passion was for the Law and not the intricacies of how and why people broke the law!  Upon graduating, I began working for ABD as a Family Law Secretary in order to gain legal work experience and commenced studying the Graduate Diploma in Law part time.  I developed a keen interest in Family Law and thereafter began training as a Solicitor whilst completing my LPC part time.  I am due to qualify in November 2018 and hope to continue my role as a Solicitor in the Firm’s Family Law Department.  

    

WHAT ARE 5 WORDS A CLIENT WOULD USE TO DESCRIBE YOU?

Tall.  Approachable. Conscientious. Understanding. Positive. 

WHAT WOULD YOU SAY HAS BEEN YOUR CAREER HIGHLIGHT TO DATE? 

Having the opportunity to see my client’s positive reaction immediately after a successful outcome at a Financial Court Hearing.

WHAT/WHO INSPIRES YOU?

Many of my colleagues inspire me on a day to day basis.  Although on a more personal note, I would have to say my Mum as she has fully supported me at all stages of my life and career so far.

WHAT DO YOU ENJOY TO DO OUTSIDE OF WORK?

I love to eat good food and drink good wine whilst socialising with my partner, friends and family.  I also enjoy exercising, which mainly involves early morning running outdoors or attending gym classes in order to burn off the food and wine! I love the outdoors and really enjoy wandering around beautiful gardens and going to the theatre.  When I am not doing the above, I enjoy watching a good old action film with a bar of chocolate whilst relaxing at home with my partner.