Despite an ever growing proportion of the population choosing to cohabit rather than get married, nearly half (46%) of adults in England and Wales mistakenly think that couples acquire ‘common law’ rights after living together for a certain amount of time or having children together. These misconceptions can lead to one party being particularly vulnerable in the
Parliament has just passed The Leasehold Reform (Ground Rent) Act 2022 which will impose a peppercorn ground rent in new leases of flats. There will be a few exceptions such as shared ownership properties and in Islamic financing – they will continue to include rent. Ground rents will also be allowed to remain in flats
Which? has recently undertaken a survey whereby 58% of people said that pensions were not discussed or shared as part of their financial settlement. Pensions often make up a large proportion of the matrimonial assets and sharing of pensions should always be considered upon the breakdown of a marriage, particularly when there is a disparity
Generally, a marriage is considered to be ‘short’ if it was less than five years in duration. The Court will however take into consideration the period of cohabitation prior to the marriage if there was a seamless transition between the two. Parties are more likely to be successful with ring-fencing non-matrimonial assets where there was
The government scheme to help key workers and local first-time buyers on to the housing ladder has now got under way. A nurse and a police officer from Derbyshire are among the first people to benefit. The First Homes scheme offers homes at a discount of at least 30% of the market price to local
The courts have taken firm action against a husband who failed to comply with the terms of his divorce settlement with his former wife. The couple had been in a relationship for 17 years and had two children. The financial provision order had been made by consent in December 2018. One of its provisions was
The case involved Oxford Said Business School v Heslop. Heslop had made protected disclosures to her manager concerning the lawfulness of the school’s actions in a procurement process, and potential over-charging and breach of contract in relation to a key client. The manager felt that the allegations were misconceived. Shortly after making those disclosures, Heslop
The case involved JM Solutions UK Ltd. Its two directors lived in Romania, and since the Covid pandemic they communicated with staff via email and telephone. The employee, referred to as Dave, was the company’s office and sales manager, and was responsible for dealing with customers and negotiating rates. His contract of employment contained a
A software designer has lost his appeal against a court ruling that his employer owned the copyright on his work. The case involved Penhallurick and MD5 Ltd. Penhallurick had been employed by MD5 in 2006 to develop virtual forensic computing (VFC) software, after developing a manual VFC method as part of his MSc degree. VFC
The government has confirmed that probate fees will increase to a rate of £273 for all applicants, regardless of the size of the estate, from 26th January 2022. At present, where an estate is more than £5,000, HM Courts and Tribunals Service (HMCTS) charges on a two tier scale. If you are a probate practitioner