Despite allegations of aged old paternalism, courts are increasingly turning to empowerment of the litigants to reach an agreement themselves, reducing the need for costly and time-consuming final hearings. In my experience, when it comes to pre-nuptial agreements and parenting plans, parties are unlikely to reach an agreement without prompting from their solicitors.
Parenting plans
A parenting plan is a menu of conversation prompts designed to enable parents to discuss all aspects of their children's' lives, both current and future, and can be disclosed to the court in the event of a dispute. It is designed to pre-empt disagreements and multiple court applications, and covers everything from schooling, to the introduction of new partners. A helpful leaflet and template is provided by Cafcass (Children and Family Court Advisory and Support Service); you can find out more about parenting plans on our website here.
Pre-nuptial agreements
Unlike in the United States of America, pre-nuptial agreements are not fully binding. The court, however, should give effect to one if it is freely entered into by both parties, who are fully appreciating of its implications and unless the circumstances prevailing it are deemed fair if they were held. Essentially, if both parties take legal advice and make full disclosure, and there are no procedural irregularities, a court will endorse the agreement. Both parties should take legal advice well before the marriage ceremony to avoid legal issues, such as the perception of undue influence and the practical realities of actually getting it all done thoroughly and correctly.
For further information
To find out more about how Anthony Collins Solicitors can support you through with parenting plans or pre-nuptial agreements, please contact Elizabeth Wyatt.
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
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