Talking ‘off the record’ and settlement agreements

05 June 2023 Employment advice

‘Using a settlement agreement to bring an employment relationship to an end, and effectively wipe the slate clean, can be very useful. But, to start the conversation, employers need to be able to speak off the record,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay in York, Wetherby & Malton. ‘There are ways that this can be done, but employers need to take care and be aware of a few limitations.’ Kalpesh explains what settlement agreements are; when discussions are ‘off the record’; the benefits of a settlement agreement and off-the-record conversations. He offers a word of caution and tips on strengthening your bargaining position, and takes a quick look at non-disclosure agreements after the #MeToo campaign. What is a settlement agreement? A settlement agreement is a binding agreement to waive…

Preventing the dissipation of assets in divorce

02 June 2023 Family Matters

Divorce can often stir up feelings of mistrust between former spouses, especially when it comes to considering the financial division of assets. Sadly, it is all too common that one spouse will try and dissipate matrimonial assets, either prior to a separation or during divorce proceedings, in the hope of minimising the amount of money that they have to provide to their former spouse. What is dissipation in the contest of a divorce? Dissipation of assets in divorce means that one spouse has sold, transferred, or otherwise disposed of property that should be taken into account when considering the division of matrimonial assets to arrive at a fair financial settlement. Some of the common ways in which a spouse may try to dissipate assets include: transferring assets at an undervalue or for no value…

I’ve had a Dementia diagnosis, what should I do?

25 May 2023 Wills and estates

Alzheimer’s Research UK estimates that 944,000 people are living with dementia in the UK, with one in six people aged 80 and over at risk of developing dementia. It’s therefore likely that we’ll be affected by dementia, either directly or via a family member at some point in our lifetime. A dementia diagnosis can be devastating for a family, and understandably it takes time to fully digest the implications it brings. However, there are a few things that should be considered as soon as possible by the person receiving the diagnosis: Your papers – ensure all of your financial papers are in order and that your family know where everything is. Lasting Powers of Attorney (LPAs) – you should put in place LPAs. LPAs are documents which allow you to give authority to people you…

Renters (Reform) Bill: what does it mean for residential landlords?

23 May 2023 Litigation

The long awaited Renters (Reform) Bill has now been published by the government and it aims to change the landscape of rental housing in England One of the principal parts of the Bill is to abolish section 21 ‘no fault evictions’. Currently, landlords can recover possession of their let property after the fixed term has ended without having to prove any ‘fault’ or beach by the tenant. Under the new proposals the existing grounds for possession under S8 of the Housing Act 1988 have been extended so that there are provisions to enable landlords to recover possession if the landlord wishes to sell or a member of their family wishes to move into the property. The Bill also aims to strengthen the ability for a landlord to evict anti-social tenants. Other key changes include: Ending…

Have you planned for later life?

16 May 2023 Wills and estates

Wills Without a Will, your assets will be distributed according to the ‘intestacy rules’ i.e. the law dictates where your estate goes to on your death. The result might be that your estate doesn’t go to the people you want it to. By making a Will, it enables you to decide what happens to your assets on your death and can also include: any funeral wishes you may have; any specific items you wish to pass on, such as jewellery; any gifts of money you wish to make to family, friends or charities; If you have children under the age of eighteen, who you would like to look after them in the event of your death. It is really important to discuss your requirements with a professional so that they can consider your…

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