New Milton Advertiser 22nd Jan 2021

22 · Friday 22nd January 2021

news@adt.press · advertising@adt.press · 01425 613384

thinking about separation. Investigate any state bene- fits that you or your partner may be entitled to such as tax credits. Most calculations can be done quickly online. If it is affordable, it is usual for the financial status quo to be maintained at least in the short term while you investi- gate a long-term settlement. However, many spouses fall at the first hurdle and make key financial mistakes before they have taken legal advice. 3. The family home will be very important, whether it is owned in joint names or not. Married couples are both entitled to occupy the family home. One spouse cannot simply evict the other from the home or change the locks without consent. However, the needs of the children to be housed are likely to be a paramount consideration. Obviously if your personal safety (or the safety of the

children) is threatened then seek urgent solicitor advice. 4. It is important that both you and your partner reassure your children that although you don’t get along any- more, they are safe and loved by you both. Be open with the children without involving them in the con- flict. Research indicates that parents that work together for the children during this difficult time have a much better outcome. Give the children permission to enjoy time with the other parent. There is lots of advice on this issue in the Resolution leaflet ‘Parenting After Parting’ from www.Resolution.org 5. It is very common in the early days of separation for ad hoc payments to be made. These can be payments for child maintenance, household utilities, mortgage or house- hold upkeep. It is imperative

to keep a record of any pay- ments made or received and try hard not to make or receive any payments in cash. Try not to agree to sell any key assets in a piece- meal way without an overall agreement in place. Rarely do assets need to be sold quickly and resist giving in to pressure to do so. It can be difficult to see the road ahead during separation. Everyone will have an opinion on your situation and maybe a horror story to tell. However, from a legal perspective every family situation is different so try not to compare your family with anyone else’s. Modern family law encourages separating couples to try and agree a way forward wherever possible. Mediation, collabora- tive law and solicitor negotiation are all ways to avoid Court and the costs associated with it. Most cases proceed cooperatively and amicably.

NewYear, NewYou Can you have a ‘healthy’ divorce?

1. The most important thing you can do for yourself is to get some advice as early as possible. Even if you have not completely settled on the idea of separating, it is important that you under- stand your rights and obliga- tions before you take a step that has consequences that you have not foreseen. Your

Sadly with lockdown and social restrictions upon us, some relationships have suf- fered and some couples are reassessing their marriage. If you find yourself in this posi - tion, here is some guidance you may find useful as a start - ing point to contemplating separation:

legal advisor will be able to set out the various routes available to you including options that save money and avoid Court by concentrating on constructive discussions to bring matters to a swift conclusion by agreement. 2. Of course, the family finances are going to be one of the front runners when

If you would like further advice, don’t hesitate to contact Debra Emery, specialist in Family Law at Moore Barlow on 023 8071 8057 or email debra.emery@moorebarlow.com NewYear, new job..?

It has been by any measure a difficult and challenging year. It has sadly been a year when for many their working life has ground to a shuddering halt. Worse still, the economic fall - out from the pandemic has left many fearing for their jobs. Reports suggest that a considerable number of employers may be in the position of having to make some employees redundant in the coming months, whether as a result of Covid, Brexit or other factors. If your job is at risk then you are likely to be asked to enter into a settlement agreement. These used to be called compromise agreements. Whether you are an employer or an employee, it is important that you understand what a settlement agree- ment is, how it is formed and some of the key terms. What is a settlement agreement for? Settlement agreements are binding contracts that allow for a clean break in the relationship between employer and employee. By signing a settlement agreement, the employee waives all rights that they have (save for two exceptions - there are always exceptions) to bring a claim against their employer for example for unfair or wrongful dismissal. In return, the employee will normally receive an agreed payment. Settlement agreements are commonly offered in the following circumstances: • Where an employee is dismissed for a fair reason such as for example redundancy • Where an employer decides, for whatever reason, that they no longer wish to work with an employee but do not wish to follow the normal procedures for dismissal • Where an employment tribunal is imminent or threatened and the parties agree on an “out of court” settlement. How is a settlement agreement formed? Settlement agreements must be made in writing. Usually the agreement will include a payment to the employee. It is important to remember that settlement agreements are vol- untary. An employee should not feel pressured into signing one. For an agreement to be bind- ing, the employee must seek independent legal advice. The agreement will normally provide

for the employee’s legal fees to be paid by the employer. The agreements usually contain a number of “standard” provisions to protect both parties. Whilst the wording may differ slightly, common terms include: • ·A waiver by the employee of their right to bring a claim against their employer by reason of their employment or its termi- nation (That is the fundamental purpose of the agreement as far as the employer is concerned • Confidentiality both in respect of the terms of the agreement and the employer’s business • A clause preventing either party from making damaging remarks about the other • An agreed sum of money to be paid to the employee to include where appropriate hol- iday pay and notice pay • A repayment clause in the event that the employee were to breach the terms of the agreement • The terms of any reference to be provided by the employer • A declaration for the employee’s solicitors to sign to confirm that the employee has been independently advised • A clause specifying the amount of legal fees to be paid by the employer to the employ- ee’s solicitor Settlement agreements and tax Payments that are made under a settlement agreement are taxed in different ways. The first £30,000 of the payment made to the employee for entering into the agreement (commonly described as a “termination” or “settlement” payment) is tax-free. Payments of holiday and/ or notice pay are subject to the usual deduc - tions for tax and national insurance contribu- tions. It is important that the employee under - stands the tax implications of payments made to him or her. Where to start? Whether you are an employee requiring legal assistance or an employer considering dismiss- ing an employee, getting good legal advice at the outset is vital. Resolving any issues by enter - ing into a settlement agreement allows both employer and employee to end their relation- ship without involving the cost, delay and poten - tial acrimony of an employment tribunal. Ben Ironmonger and Nick Jutton are expert employ- ment solicitors at Scott Bailey and are able to give prompt, straightforward advice about the best way to proceed with any proposed deal. Their promise is to provide sound commercial advice which will ensure that whether you are the employer or the employee, your interests are best protected. Nick and Ben can be contacted either via email at law@scottbailey.co.uk or call 01590 676933 to ensure the that you can move on in the best way possible.

We’ll get you through... We know the current environment is creating uncertainty. That’s why we’re here, to help and support you with your legal needs. For legal advice or to make an appointment, please call us on 01590 625800. We’ll get you through... We know the current environment is creating uncertainty. That’s why we’re here, to help and support you with your legal needs. For legal advi e or to make an appointme t, please call us on 01590 625800.

Guildford London Lymington Richmond Southampton Woking www.moorebarlow.com

Guildford London Lymington Richmond Southampton Woking www.moorebarlow.com