Article Category: Insight & Opinion

When is a pre-nuptial agreement not a pre-nuptial agreement?

Despite the recent report of the Law Commission entitled ‘Matrimonial Property Needs and Agreements’ in which it was recommended that certain qualifying pre-nuptial agreements were to become legally binding, Mr Justice Holman has set aside a pre-nuptial agreement signed by Victoria Luckwell and Francesco Limata. The judge set aside the agreement even though he found… Read more »

Rent and insolvency – case law ruling

The frustration felt by insolvency practitioners and landlords alike as a result of the decisions in Goldacre (Offices) Ltd v Nortel Networks UK Ltd (In Administration) [2009] and Leisure (Norwich) II Ltd v Luminar Lava Ignite Ltd (In Administration) [2012] has now been resolved following the decision in Pillar Denton Ltd & Ors v Jervis… Read more »

One step closer to enforceable pre-nuptial agreements

Following on from my recent article on pre-nuptial agreements (7 February 2014), as predicted a report has been released today by the Law Commission, ‘Matrimonial Property Needs and Agreements’ has recommended the introduction of ‘qualifying nuptial agreements’. This, if it becomes law, will mean that pre-nuptial agreements, or pre-marital contracts will become legally binding. Qualifying nuptial agreements… Read more »

DNA paternity results. Who’s the Daddy?

A recent survey by YouGov has revealed some interesting results about paternity. On average, 8% of fathers are unsure about whether that are actually the biological parent of their children. It is unsurprising, maybe, that there is less uncertainty in older fathers but surprisingly there are also some geographical differences. This is also the case… Read more »

Capital gains tax rules change for separating couples

The government announced in the 2013 Autumn statement that there will be some changes to Capital Gains Tax (CGT) from 5 April 2014, which may motivate those separating to act promptly and reach an agreement in relation to the former family home. Currently if you and your partner own and live in a house which… Read more »

Introducing the new child maintenance charges

The Child Support Agency (CSA) will soon be abolished and nearly a million existing cases will be closed. Parents will then have no alternative but to make an application to the Child Maintenance Service (CMS) and there will be a £20 application fee to access the CMS with a charge of 4% made for collection charges…. Read more »

Do retention of title clauses work in recovering your goods?

Retention of title clauses are a very powerful tool if used in the appropriate circumstances. Many terms and conditions contain them, however the big question is ‘are they actually useful?’ If you are selling goods in the course of your business you should make sure that there is a retention of title clause in your… Read more »

STEP introduces new will writing code

The Society of Trust and Estate Practitioners (STEP) is an international organisation recognised across the world as a leading organisation of professionals who deal in all aspects of trust and estate legal work. Following on from the government’s decision last year not to regulate will writing services in England and Wales, STEP have developed their… Read more »

Are pre-nuptial agreements to become officially legally binding?

In a very recent case concerning the breakdown of a marriage, the court has decided that they would enforce the pre-nuptial, or pre-marital agreement between parties, as it had been taken out before the marriage with the aid of legal advice. The judge referred to the details of the agreement in his judgment and to… Read more »