Shepherding a farm business through a second marriage

When someone finds love again and wants to remarry it is of course a cause for celebration. However, things can get complicated when a farming business is involved – particularly if you want to leave the farm to your children or other family members. So it is important to take time to think about the consequences before rushing into things. Robert Bellhouse, agricultural law specialist at Ware & Kay Solicitors in York & Wetherby outlines measures farmers should take a moment to consider to ensure the continuing success of the family farm if they marry again. Make a new Will Remarriage revokes any previous Will making it invalid, so it is imperative to make a new Will if you are looking to tie the knot again – especially if you are looking to pass the farm…

Selling a property to downsize

Downsizing is, at its most simple, moving to a smaller property. People often associate downsizing with retirement, although it can appeal equally to active empty-nesters attracted looking to release some of their equity. Whatever your age, there are advantages and disadvantages to downsizing. It is a big decision, with lots to consider. So, it is important to plan well ahead and get the right professional advice from the start. The pros and cons of downsizing If you are uncertain whether downsizing is for you, it can help to make a list of advantages and disadvantages, which you could then discuss with friends and family. For example: Downsizing could help you stay independent longer, and many older people choose to buy a bungalow or an apartment with this in mind. It could provide surplus sale proceeds…

Adoption rights; what employers need to know

According to the charity Adoption UK there are nearly 3,000 children in care waiting to be adopted, and as charities seek to raise awareness of this during National Adoption week (17-23 October 2022), employers may get questions about employment rights related to adoption. Kalpesh Nakeshree, Head of Employment law with Ware &Kay explains how ‘Family-friendly employment rights support employees adopting looked-after children, as well as children adopted through surrogacy arrangements or from overseas. Although employment rights for adopting parents lagged behind those of a biological mother, adopting parents now have broadly the same entitlement to leave, pay and legal protection.’   Who is entitled to adoption employment rights? An employee may be adopting on their own, with a spouse, civil partner or in an unmarried couple, whether same or different sex. Adoption employment rights apply to…

Protecting your assets against the impact of relationship breakdown

Cohabitation Agreements The data from the ONS shows that in 2019 the number of marriages decreased by 6.4% on the previous year.  The figures also show that in 2019, 18.4% of families were cohabiting couples.  That figure rose to 22.9% in 2021.  It seems that more and more couples are choosing to live together as a form of commitment rather than getting married.     There is a common misconception that couples who live together automatically become ‘common law’ spouses, especially if they have children or property together.  Many believe that they have the same rights as a married couple.  Unfortunately this is not the case, irrespective of the length of their relationship.  So what happens to the parties’ assets on separation?  At present, where there is property owned by one or both of the parties, cohabiting…