If you are facing difficulties in your marriage and you have a prenuptial agreement, you may be curious to know just how binding the terms will be, especially if your life is now rather different to the one you envisaged when you planned to get married.   ‘One of the main reasons people enter a prenuptial agreement is to protect wealth from outside the marriage, such as a business or an inheritance,’ says Jane Blanks a Senior Associate in the

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.   Sam Fahey, an Associate in the residential property/ conveyancing team with Nalders in Truro agrees. ‘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

If you have been asked to act as an attorney for someone you may wonder when it will come into effect, especially if the power of attorney was made some time ago when your friend or relative was in good health.   ‘There was an important change in 2007, and so the way that a power comes into effect will depend upon the type of power or attorney,’ says Andrew Carrigan, a Senior Associate in the Private Client team with

If you own land which may have potential for development, or you have already been approached by a developer, the chances are you have considered the pros and cons of a promotion agreement.  This can be a great way for a landowner to benefit from a developer’s experience in getting planning permission for a development site, enhancing the sale value of your land without the risk of funding the planning application process.   Not to be confused with an option

On 22nd December 2021 Taylor Wimpey entered into an undertaking with the Competition and Markets Authority in relation to doubling ground rents for leasehold flats and houses. The undertaking is a direct result of The Housing, Communities and Local Government Committee inquiry reported on previously.   The problem:   Where ground rents for leasehold properties are not fixed but are variable they may be:   (a)        doubled every 10 years or so; or (b)        increased in line with inflation or

One of the changes in family law in our life time is about happen! After 30 years of campaigning the requirement to cite your spouse’s conduct, or bad behaviour will become history! You can now dissolve your marriage by saying that you have ‘drifted’ apart, want different things in life etc.   On Wednesday 6 April 2022 the Divorce, Dissolution and Separation Act 2020 will allow couples to make a joint application for divorce. The changes to the law aim

What is the Bank Rate? The Bank of England raised interest rates to 0.75% this week, the third increase in four months, in an effort to combat the higher than expected rate of inflation. The Bank Rate (commonly referred to as the Bank of England base rate) is the interest rate at which the Bank of England pays commercial banks for holding money with them and is set by the Monetary Policy Committee (MPC). This is one of a number

In October 2021, some of the rules governing the procedure in family cases changed. Two significant changes were introduced with the intention of making family law proceedings more accessible.   One of the changes provides that the court shall automatically consider a person who has been, or is likely to be, a victim of domestic violence as eligible for the making of a ‘special measures’ direction. For such individuals, it is expected that the standard of evidence provided by them and their

The recent employment tribunal case of Ms S O’Brien v Holmes & Hills Solicitors LLP shows just how important it is for an employee to get their claim in on time.   Ms O’Brien alleged that she was dismissed because she was advised to self-isolate during the lockdown last year, which meant staying away from her workplace.   Under the Employment Rights Act 1996, an employee must file their claim of unfair dismissal within three months from their last day