I’m a female business owner due to get married this year. Should I consider a pre-nuptial agreement?

Posted by Shena Baron Feb 6th, 2012, in Divorce and Family Law, HD comment

While pre-nuptial agreements are not automatically binding under English law, several recent divorce cases have made it clear that the courts are increasingly taking account of pre-nups in their decision making process.

The most high profile of these divorce cases, and the one which has given the clearest indication yet that pre-nups will be recognised as enforceable, is the Radmacher case.

In this case, German paper industry heiress Karin Radmacher won the right to protect her fortune, and hundreds of millions of pounds controlled by her family, out of the hands of her former husband after the Supreme Court ruled that the pre nuptial agreement was binding.

The judges agreed that in the right case a prenuptial agreement could have decisive or compelling weight. Lord Phillips, the president of the Supreme Court, said the courts would still have the discretion to waive any pre- or postnuptial agreement, especially when it was unfair to any children of the marriage.

So, while it’s probably not the most romantic way to start a new relationship, it may be wise for someone in your position, whose earnings and assets are likely to be significantly higher than your partner’s, to consult specialist legal advice before you get married.

Hopefully it would be a conversation that would become irrelevant with a long and happy marriage, but if you’re determined to protect your wealth in the event of a separation and divorce, a pre-nuptial agreement may well be a wise move.

For more advice on pre-nuptial agreements, or any other divorce or family issues, contact Shena Baron on 01772 258321.

Let’s be positive to get deals done

Posted by David Filmer Jan 27th, 2012, in HD comment, Mergers and Acquisitions

We’re not out of January yet and already it would seem all those New Year’s resolutions we made to be more optimistic and positive have been broken.

January 16 was officially labelled Blue Monday (supposedly the most miserable day of the year) and it certainly felt like that as two leading economic forecasters, the Item Club and Centre for Economics and Business Research, gave downbeat predictions for economic growth. What’s the point?

The former went as far to say as it believed we were already in a ‘technical recession’ with GDP shrinking in the final quarter of 2011 and likely to contract again in the first three months of this year. Well thanks for ruining the mood.

While these organisations are well within their right to analyse the data, part of me can’t help wishing they would hold off giving their opinions until the official figures are released and we know the real picture. (more…)

Will Naomi Campbell case change way civil justice is funded?

Posted by John Chesworth Jan 21st, 2011, in Dispute Resolution, HD comment

It seems court cases involving Naomi Campbell are hitting the headlines a lot these days.

But the legal community has paid closer scrutiny this week to a case in the European Court of Human Rights (ECHR) involving the supermodel which threatens to change radically the way litigation is funded in the UK.

Lawyers representing Mirror Group Newspapers successfully overturned an earlier ruling which had required MGN to pick up the lawyers’ success fee element in Ms Campbell’s £1million ‘no win, no fee’ legal bill.

In the earlier case, The Daily Mirror was ordered to pay £3,500 compensation to Miss Campbell for publishing “offensive and distressing” pictures of her back in 2001. But it also had to pay her costs, which included ‘success fees’ of more than £365,000 agreed by the model with her lawyers.

Success fees became recoverable following the introduction of conditional fee arrangements, commonly known as ‘no win, no fee’ agreements. The rules provide that a successful claimant (more…)

Alarming facts about redundancy during maternity leave

Posted by Roger Spence Nov 24th, 2010, in HD comment

A case that hinged on whether a woman who became redundant while on maternity leave should have been offered an alternative job underscores the importance of a cautious approach from employers. (more…)

Tithebarn – what happens next?

Posted by John Chesworth Nov 23rd, 2010, in HD comment, Property

By John Chesworth, managing partner and head of commercial property, Harrison Drury Solicitors

If the noises are right, planning permission for the Tithebarn scheme will be granted. However, this does not necessarily spell the end for the challenges from neighbouring councils. (more…)

No fault divorce: lawyers demand reform

Posted by Communications Director Apr 12th, 2010, in Divorce and Family Law, HD comment

At its National Conference on March 21 in Bristol, Resolution, the organisation representing Family Lawyers called on the Government to take the blame out of divorce and separation by introducing a no fault divorce.

Under current law, it is insufficient to show simply that there has been an irretrievable breakdown of marriage. If you want to divorce by mutual consent, you have to wait two years.  If there is no consent, it is five years.

The only immediate grounds for divorce in this country remain adultery or unreasonable behaviour which reinforces a “blame” culture.  In my experience, this causes unnecessary delay and acrimony at the outset in an already distressing process.

Previous attempts to reform the law have failed on the basis that a no fault divorce would increase breakups rather than help families.  It is my view that it is only after much soul-searching and often counselling that steps are taken to commence the divorce process and a change in the law would be unlikely to cause people to rush into something they subsequently regretted.

I am a supporter of any steps that can help prevent or reduce the trauma for the whole family that inevitably accompanies a split and would call upon the Government for an overhaul of the divorce laws to achieve this.

Property reaction to Budget

Posted by Communications Director Mar 25th, 2010, in HD comment, Property

Owen McKenna from Harrison Drury, gives his verdict on the Budget from a property perspective. He said:

In my opinion the budget was very much made with one eye on the upcoming election – nothing too contentious that may alienate the electorate. From a property lawyer perspective, the potential savings in SDLT arising from the increase in the SDLT threshold are a good idea but having considered the detail of the proposals, there are a number of practical issues that leave questions unanswered.

For the property industry, some of the noteworthy issues. Follow this link to find out. (more…)

Budget prediction

Posted by Communications Director Mar 23rd, 2010, in HD comment

Hesham Sabry, a commercial property expert at Harrison Drury, outlines his predictions for tomorrow’s Budget. The comments featured in today’s Lancashire Evening Post.

“Alistair Darling’s final budget before the general election will be geared towards maintaining stability and, I believe, will contain few real surprises. 

“However, given the current economic climate, where many businesses both big and small are still struggling, it would be good to see a reduction in the corporate tax burden to help encourage growth. 

“By reducing the corporation tax rate, or expanding the types of relief available, this could potentially have the effect of stimulating movement in the property sector which would help boost the economy. 

“In essence, I would welcome a budget focused on policies to help economic growth and prevent a fall back into recession rather than the introduction of further complex anti-avoidance measures.”

What a relief…

Posted by John Chesworth Oct 12th, 2009, in HD comment

With many businesses struggling at present it is not uncommon for rents to go unpaid giving landlords the right to terminate the lease by re-entry.  Unless there is a cue of tenants waiting to fill the vacant property some landlords take the view that it is better to give the tenant some breathing space and assist their recovery by taking a flexible approach to the recovery of arrears.  At the very least this avoids a potential business rates liability for the landlord. (more…)

Building Preston’s future

Posted by John Chesworth Feb 24th, 2009, in HD comment

On Tuesday this week I attended a discussion group hosted by the Lancashire Evening Post with several property experts from Preston’s business community.  One of the main areas of discussion was the future regeneration of Preston and in particular the proposed Tithebarn scheme. 

The consensus around the discussion table was that Tithebarn is a fantastic opportunity which will bring massive investment and employment opportunities not only in Preston but also for businesses and people in towns across Lancashire.  It is to be expected with a development of this scale that there will be some controversial decisions that have to be made.  Some people will mourn the passing of the bus station, I have to say, I will not be one of them.  (more…)