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.
n this update, we have focussed on the headline governance and regulatory issues that are facing RPs at this time. as we all deal with the Covid-19 crisis.
The law surrounding organ donation has changed. The Organ Donation (Deemed Consent) Bill came into effect on 20 May 2020 and has implemented an opt-out system for organ donation.
Commercial and local authority landlords could benefit from urgently reviewing their legal options.
The Cabinet Office has published guidance asking for people to act responsibly, fairly and “in the national interest”.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
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