Are future earnings taken account of in a divorce settlement?

If you are contemplating getting divorced then your future financial security is likely to be a key concern, particularly if you gave up or compromised a promising career to look after children and support your spouse in their career.  High costs and scarcity of childcare can also make it necessary for one parent to give up work, and a lengthy break can make it very difficult to return to working at the same salary level and getting a career back on track. You might think that having supported your spouse in their career, their earning capacity is an asset which was built up during the marriage and therefore you should be entitled to a share of it, in the same way as a pension.  ‘But this is not the case, as clarified in the Court of Appeal…

Employee benefits; pitfalls to avoid

Employee recruitment and retention remains challenging for employers and offering an attractive package of benefits can give employers an edge. A wide range of benefits can be offered, including buying or selling annual leave; reduced gym membership; private medical insurance; critical illness insurance and retail discounts or vouchers. ‘Employers need to take care with employee benefits as the rules around different benefits can be complex, and there are often unanticipated knock-on effects,’ explains Kalpesh Nakeshree, Head of Employment Law with Ware & Kay in York & Wetherby.  He outlines the key pitfalls to be aware of and explores the Government’s cycle to work scheme, by way of a practical example. Benefits of little value Although it may seem obvious, employers need to make sure that what they offer remains valuable to their particular workforce. Employees looking…

Seeing the wood for the trees on investment

Can you help the environment and save some tax? Laura Schofield from Ware & Kay Solicitors considers inheritance tax planning and woodlands. Brief inheritance tax position Inheritance Tax is a tax on the estate of someone who has died. Inheritance tax can be complex but the rate of tax is 40%, above the ‘nil rate band’ on which there is no inheritance tax to pay – this band depends on the individual’s family circumstances and assets.  Example       Bob has never married and has no children.  When he dies, his estate is worth £1,500,000.  £1,500,000 less £325,000 = £1,175,000 subject to IHT @ 40%  = £470,000 tax to pay However, on top of the nil rate band there are other reliefs and exemptions that can, with careful planning, be used during lifetime or in a Will to…

Resolving a family dispute over choice of school

As a parent you will always strive to do what is best for your children, but for separated parents this can sometimes lead to disagreement when what is best in one parent’s eyes does not align with the other parent’s view.  ‘While education is undoubtably an important factor for a child’s development and welfare, and for their future success and happiness, it can also be the subject of a family dispute if parents disagree over where a child should attend school,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. Parents may have had different experiences of education, with each feeling that their schooling worked for them and will be best for their child.  Disagreements can arise over nursery, primary, and secondary schooling or whether your children should be home-schooled.  It…

Don’t let your diversification ambitions be thwarted by an agricultural land restriction

Many farmers have experienced hardship in the recent past, thanks largely to the combined effects of Brexit and Covid-19. Little wonder then that many are looking to use their land in different ways to boost dwindling profits. There are several ways you can diversify to make more efficient use of your agricultural land, but, before you embark on a diversification project you need to ensure your ambitions will not be thwarted by a restriction on change of use. Agricultural ties If you are considering selling a house on your land that has an agricultural tie (or an agricultural occupancy condition), it may make the property harder to sell. Under the Town and Country Planning Act 1971, such ties usually require that ‘the occupation of the property is limited to a person solely or mainly employed, or…

ALL CHANGE! County Court ruling says landlords must obtain gas certificate before an AST is created

A recent County Court decision may be bad news for residential landlords In a recent case in the County Court at Luton Byrne v Harwood-Delgado the Judge (HHJ Bloom) found that a valid s.21 notice requiring possession under the Housing Act 1988 cannot be served if a landlord has not obtained a relevant gas safety certificate before the commencement of an Assured Shorthold Tenancy. In a 2020 case Trecarrell House Ltd v Rouncefield the Court of Appeal concluded that the failure to provide a gas safety certificate prior to a tenant’s occupation did not prevent a landlord serving a s.21 notice as long as the relevant certificate had been given before service of the notice. However, HHJ Bloom in the Byrne v Harwood-Delgado said that the facts before him were different to the Trecarrell case because…

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not uncommon for the recruitment process to include some informal occasions, at which terms, conditions and incentives might be discussed.  Failing to capture such casual agreements and to spell them out in detail in the employment contract can lead to problems down the track if there is a misalignment of understanding.  ‘Remuneration packages and contractual terms for senior executives can be complex. So, investing time and resources in the negotiations and in setting out the agreed terms is well worth it’, according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors.  ‘Not doing so can prove costly, damaging to the business or the individual’s…

Selling a home to appeal to eco-conscious buyers

Eco features matter more to some home buyers than the size of the garden, according to a recent survey by Money.com. Solar panels now rank ahead of ensuite bathrooms on our property wish-list and, as energy prices rise, this trend looks set to continue. So, if you are selling your home, how do you appeal to today’s eco-conscious buyers? ‘Buyers are certainly more concerned about energy efficiency,’ agrees Catherine Edge, a Solicitor in the Residential Property team with Ware & Kay.  ‘Fortunately, you can improve your home’s performance and make it easier to sell without spending thousands of pounds on innovative technology.’ Your EPC can help you You will need a valid Energy Performance Certificate (EPC) before marketing your home, and it will then be available to any potential buyer. The EPC is a short report…

Farming family disputes are not just in soap operas

A dispute between members of a farming family is fertile ground for the scriptwriters of popular soap operas, as they draw out the tensions and ramifications to entertain listeners and viewers.  But sadly, our solicitors know from experience that real life disputes among family members who farm together are not uncommon and can have serious repercussions.  In the worst cases, it can even lead to the farm having to be sold or split up. Robert Bellhouse, Family Law and agricultural law specialist at Ware & Kay in York, Wetherby & Malton outlines some common situations that can give rise to a dispute, and he provides guidance on how to avoid them. A farming business is unusual in that it serves as both the family home and a source of income, so there an emotional investment in…

Building your own dream home

Shows like Channel 4’s Grand Designs reflect the growing popularity of self-build, which accounts for 13,000 new homes every year in the UK. So, if your dream is to build your own home, should you take the next step towards making it a reality? There are certainly a lot of advantages. Self-build lets you create a home which fits around your lifestyle and individual aesthetic requirements. However, there are many more issues to consider than with a conventional purchase. So, it is especially important to get the right professional advice. What type of self-builder are you? There is no standard definition of self-build, and it can be better to think of it as a spectrum. At one end, those with relevant skills and experience may undertake all the work themselves. At the other, an individual may…