Not ready to divorce? A Separation Agreement could be the answer

While no one goes into marriage expecting the relationship to break down, there may come a time where the relationship is no longer recoverable.

However, not all couples wish to divorce. Divorce proceedings are likely to be difficult and stressful even in the most amicable splits.

Concerns about the cost and complexity of legal proceedings can mean that both parties would rather end the relationship without pursuing a formal divorce. A couple may also intend to divorce in the future but wish to delay it for practical or personal reasons.

Whatever your reasons for not pursuing a divorce, you may still have concerns about your financial arrangements and what will happen to you and your children.

There are a range of options for couples wishing to separate but not divorce.

One of the possible avenues you could consider is a Deed of Separation.

Deed of Separation

Deeds of Separation, also known as Separation Agreements, can be used where a couple cannot (or prefer not to) issue divorce proceedings immediately but they wish to resolve financial, children, and other issues.

You should instruct a solicitor to prepare a Deed of Separation.

The Deed records that the couple intend to live separately and apart and may also refer to a divorce taking place in the future. The Agreement will also deal with financial arrangements.

The Agreement can include, for example, the sale or transfer of the family home with any agreed division of the proceeds together with payment of maintenance.

The Agreement is likely to state that the parties intend the terms of the Agreement to be in full and final settlement of future claims against the other.

Advantages and disadvantages of Separation Agreements

The arrangements provided for in a Separation Agreement are usually adhered to by both parties, since they have reached the Agreement themselves rather than having a settlement imposed upon them.

The Agreement can be entered into relatively quickly, allowing both parties to move on financially without having to commence divorce proceedings.

A Separation Agreement can also set out when divorce proceedings will take place in future, if this is planned.

However, Deeds of Separation are not legally binding, meaning that neither the separating parties nor the Courts are bound to abide by them.

Additionally, pensions cannot be shared or earmarked until the divorce proceedings are commenced, because only the Court can make pension sharing or earmarking orders.

Entering into a Separation Agreement

Both parties should have the opportunity to seek independent legal advice, and there must be no coercion by either party to enter into an Agreement.

Additionally, there should be full and frank financial disclosure by both parties, and the Separation Agreement should be fair in the circumstances.

Although a Separation Agreement will not prevent an application to the Court to consider financial issues, the Agreement is likely to be upheld by the Court if the above matters have been complied with.

Seek legal support for your separation

In situations where couples do not wish to commence divorce proceedings, either at the present time or indefinitely, Separation Agreements can be an effective way to make arrangements regarding children, money, property, and other issues.

However, Separation Agreements are not legally binding, and it is essential to seek independent legal advice before agreeing to any arrangements.

Palmers’ expert family law team can help you draft Separation Agreements and advise you on all aspects of separation, with or without divorce.

If your marriage has broken down but you are unwilling to divorce, it is still essential to seek legal counsel. Contact us today for tailored advice and guidance.

When a relationship ends in divorce, the welfare of any children involved is paramount.

During what is likely to be a difficult and stressful time, most parents would ideally wish to put their differences aside to agree about arrangements for their children.

Unfortunately, matters can become complicated and emotionally charged, particularly if there is a dispute over where the child resides or the arrangements to see the other parent, or confusion over the rights of family members such as grandparents.

In such cases, acting in the children’s best interests should always be at the heart of any decision making.

If you’re in conflict with your former partner, it is essential to consult a solicitor at the earliest opportunity to find out what your options are and ensure that your children’s best interests are protected.

What are children’s rights under the law?

Any issues relating to children when a relationship breaks down are dealt with under the Children Act.

The Act centres on the idea that children are best cared for within their own families, and courts will decide who a child should live with and how often the other parent is entitled to see them, based on what is deemed to be in the child’s best interests, not those of the parents.

The courts are unlikely to interfere in a voluntary arrangement, as the law considers that these are more likely to succeed than those imposed on the parties.

A family solicitor can help you and your former partner to make arrangements that are in the best interests of your child, without having to go to court.

However, if you cannot agree, then it will be necessary to attend mediation before resorting to court proceedings.

Child Arrangements Orders

Child Arrangements Orders can dictate where the child will live, known as a lives with Order, this can be predominantly with one parent or a shared care arrangement with both and the Order can also address the contact that the child will have with the parents.

In the event of a dispute, an application can be made to the court for a Child Arrangements Order, in which a Judge will be asked to decide where the child will live and who will have day-to-day responsibility for that child’s care.

Before an application is made the parties are now expected to attend mediation. This aims to help the parties work together to find a suitable solution and is a time and cost-effective way of resolving matters.

If you are unable to resolve matters through mediation and it does become necessary to issue court proceedings, then you will be required by the court to file a Family Mediation Information and Assessment form.

This will confirm to the Court that you have attended mediation but the matter has not been resolved.

Contact with arrangements

Child Arrangement Orders can also dictate contact arrangements between a parent and a child, whether this is by letter, card, email, telephone or face-to-face visits, including overnight stays and school holidays and special occasions.

In particularly acrimonious relationship breakdowns, or where there are concerns about a child’s safety, one parent may try to prevent the other from contacting the child.

If a parent feels they are being denied contact with their children they can apply to the court for a Child Arrangements Order for contact, which will set out who a child can have contact with and, if necessary, where this will take place and on what days and times.

The court will only grant an order if it believes it would be in the child’s best interests to do so.

If you are concerned about your child seeing their other parent, or you believe that you are being denied contact with your child, applying for a Child Arrangements Order can settle disputes. However, you need to be prepared for the fact that the court will ultimately make their decision in the child’s best interests, not yours.

Legal advice should be sought before proceeding with any sort of application, particularly as certain conditions may need to be met.

Get support from Palmers Solicitors

You should always seek expert legal advice if you are in a dispute with your former partner about child arrangements.

A family solicitor will provide practical, professional advice that centres the best interests of the child. This may resolve the problem without either party having to go to court.

No matter your current relationship status, you will continue to be a parent with your ex-partner for the rest of your life. This issue should be borne in mind before or during any proceedings.

Although it may be difficult, exploring every possible way to work with your ex-partner to make joint decisions about your children – with your solicitor or perhaps through mediation – is a hugely important step in protecting them from the worst anxieties and anger of divorce or dissolution, and ensuring that they continue to have a loving relationship with both parents.

If you are going through a divorce, it is vital to ensure that decisions are made in the best interests of your child. Contact our family law team today for expert advice and guidance.

Whether you are buying a commercial property for the first time, or a new kind of premises for your flourishing business or investment portfolio, preparation is the key to a smoother transaction and fewer nasty surprises and last-minute hitches.

Costs

You’ve found the right set of premises for your business, or the right investment for your portfolio – but do you know exactly how much you are going to need to fund the process of the purchase as well as the cost of the building itself?

As well as the purchase price, you will need to consider Value Added Tax (VAT).

Depending on the age and VAT status of the property, you may need to fund an extra 20 per cent on top of the purchase price. Not a small “extra” to fund– especially if you cannot recover it.

There are processes and rules to follow in order to assess whether you have to pay VAT and to be able to recover it if at all possible.

You need to prepare properly to ensure that you know whether or not VAT will be payable on the price for the property, what amount you will have to fund on the completion date, and how you are going to fund it.

Depending on the price of the property, you will also have to pay Stamp Duty Land Tax (SDLT). If VAT is payable on the purchase price, you have to pay SDLT on the VAT too.

No part of SDLT is recoverable – not even the part paid on the VAT element.

Finally, you also need to take into account the costs of hiring the professionals you need to complete your purchase, including an accountant, surveyor – and, of course, a solicitor.

Surveys, inspections and testing

Your solicitor will look after the legal investigations relating to the property for you – but you still have an important role to play.

You should always visit the property yourself and inspect the condition of it, test the service media and any equipment, ascertain whether there have been any alterations to the property, and check to see who might be occupying it – all in a similar way to that in which you would inspect a potential new home.

You should instruct a surveyor to carry out a suitable survey of the property and engage other specialists to carry out all necessary testing of service media, appliances and equipment.

If there have been obvious alterations made to the property (such as the construction of a mezzanine floor), you should tell your surveyor and your solicitor. The surveyor will consider the work which has been done, while your solicitor will advise on whether any consents for the works done are revealed by their conveyancing searches.

Make sure that you are not likely to be taking on a property with “unwanted guests”. Occupiers of business premises can quite easily gain rights to stay in premises as protected business tenants. It is important to know who is occupying the premises and in what capacity. Your solicitor can then advise on whether you can be rid of them (if indeed you wish to be) – and how.

Funding

If any part of the purchase price is being provided by borrowing from a bank, the bank will have various sets of instructions which your solicitor will need to follow.

Your solicitor will have to report to the bank on the property and disclose those unresolved problems which have come to light.

It has been known for borrowers not to appreciate the full gamut of security paperwork which the bank will require before agreeing to release the funds for the purchase. If “you” are a company purchasing property, do you know whether the bank simply wants a mortgage over the property – or will it also want a debenture over the company, and/or guarantees or other security over other land?

If you are an individual buying a set of premises for your own business, will the bank (as they usually do) want to see a lease in place between you as landlord and the business as tenant?

All of these things have been known to come to light at the last minute, delaying a transaction and causing immense frustration. They also cause increased costs because of the additional work which is necessitated and the intensity of that work.

Therefore, you should make sure that you and your relationship manager have a mutual understanding as to what exactly the bank requires. As matters progress it is important to keep in touch with them to understand how close you are to the magic “release of funds.”

Any part of the purchase price which is being paid for out of your own funds will be subject to anti-money laundering (AML) checks.

At a very early stage, you should be able to produce your bank statements showing the location of the funds. You will also need to provide evidence as to how the funds have accrued – whether through legitimate business activity, savings, gifts, inheritances and so on.

Your solicitor will be able to provide more detail as to any further checks which they are required, by law, to make.

Planning and overage

If the purchase is conditional on planning, you may want to consider the following:

• A pre app meeting with the Local Authority is often useful in providing insight to matters that may need to be tweaked before the final application is submitted.
• Who is submitting the application and at whose cost.
• Timelines, especially if you are moving out of existing premises.
• Matters which will not amount to a satisfactory planning permission that you will need to build into the contract.
• What Long Stop Date you will require to keep the contract live before you can pull out if planning is obtained.

If the purchase is subject to an overage, you may wish to consider the following:

• Take advice from your valuer as to the overage period and the formula of any payment to ensure the agreement reached is fair.
• Make sure the formula allows for you to deduct costs e.g. planning costs from any overage payment.
• Ensure that it allows you to carry out certain transactions that would not be caught by the overage known in the trade as “exempt disposal” e.g. lending.
• Speak to your accountant as you will need to make an application for SDLT deferment on any overage agreement as this will constitute consideration for the purposes of SDLT should an overage payment be made.

Palmers Solicitors can advise you on other considerations you may need to make.

Keep lines of communication open with your solicitor

Tell your solicitor what your future plans are for the building – be as full and as early with the information as possible.

For example – are you going to rent it out? If not, and you are going to trade from it, what is your business? Are you planning on altering or extending the premises?

All of this information will help your solicitor to look at the legal paperwork in that context and to alert you to any obstacles as to the proposed use.

You should also seek advice on whether or not you can claim “Capital Allowances” for anything in the building. These must be identified quickly and there are processes to follow in order to be able to claim those allowances – before the purchase completes. If you do not follow these processes before completion, then you lose the right to claim them.

Finally, it is wise to schedule a regular weekly or fortnightly call or meeting with your solicitor to receive general updates and share information. Email is great – but there is no substitute for uncovering potential problems than actually conversing.

Final thoughts

Buying a new commercial property can be an exciting step for your business. However, if you fail to prepare early, you could be run into problems and face higher costs and liabilities.

Our commercial property specialists can help you plan ahead and guide you through the purchase process, ensuring that the transaction is as smooth and stress-free as possible.

If you are planning a commercial property purchase, contact us today for expert advice and guidance.

In the Information Age, it is important for businesses to realise just how valuable their Intellectual Property (IP) is.

When you have invested time, energy and money in building your business and establishing your brand, the last thing you want is other companies exploiting and profiting from your hard-earned work.

Trademarks are vital to protect your brand identity, stand out from your competitors, and prevent damage from invalid associations.

You can also generate maximum profit from these assets through licensing or, in some instances, “selling” these rights to others.

Here is what you need to know about trademarks and how they can protect your business brand.

What are trademarks?

A form of IP, a trademark is a sign that identifies and distinguishes your goods or services.

Trademarks can include:

• Words
• Logos
• Figurative marks
• Smells
• Colours
• Sounds
• Moving digital images.

Registering a trademark enables you to sell and license your brand, use the ® symbol, and take legal action against unlicensed use.

A trademark must be distinctive for the goods and/or services provided, and must not show information about the quality, quantity, purpose, value or geographical origin of goods or services.

You cannot register a sign as a trademark if it consists of or contains an emblem that has protection under an International agreement.

A company name may not qualify as a trademark, and a registered trademark does not automatically entitle you to use that mark as a domain name (the opposite is also true).

Choosing the right classes for your application

IP Offices worldwide use a trademark classification system – known as the Nice classification – that groups together similar goods or services into 45 different classes.

Each class provides a general overview to explain what it covers. This is only a general indication and does not include all the goods or services in that class.

Your trademark will only be protected for the goods and/or services you select, so it is essential to make sure you have chosen the correct class and terms when you apply. You cannot add extra goods or services after you have applied.

The World Intellectual Property Organisation (WIPO) provides a complete list of classes and which goods or services are included: https://nclpub.wipo.int/enfr/

The UK Government also offers a service to help you search for, and classify, the goods and/or service you need to apply for to register you trade mark: https://www.search-uk-trade-mark-classes.service.gov.uk/searchclasses

Registering trademarks

You can register a trademark either in the UK or throughout the European Union (EU) via an EU Trademark, valid in all member states.

If you want to protect your trademark in countries beyond the UK and EU, you will need to individually file a trademark application with each.

Alternatively, you can use WIPO’s Madrid System to file a single international trademark application and pay one set of fees to apply for protection in up to 130 countries. You can also use the Madrid System to modify, renew, or expand your trademark portfolio.

Trademarks registered with the UK Intellectual Property Office (UKIPO) or the EU Intellectual Property Office (EUIPO) are valid for 10 years and can be renewed indefinitely. However, a registered trademark can be revoked if it is not used for five years.

Palmers Solicitors can assist you with drafting effective trademark applications and registering in the relevant countries for your business.

Protecting your trademark

Even if you have not yet registered a trademark, your rights may be protected using the common law action of Passing Off.

In order to rely on this action, your business must be able to prove that the reputation it has built up has been detrimentally affected by another company’s use of its brand. This can be very difficult to evidence in practice.

It is far easier to take legal action against infringements of registered trademarks. Therefore, we advise businesses to seriously consider registration of their brand names and logos at the earliest opportunity.

If you find that a third party is using your trademark, a cease-and-desist letter may be enough to make them stop. You can also make an agreement to license your trademark.

However, mediation or legal action may be necessary to defend your IP if the other party persists in infringement.

Expert business and IP advice

At Palmers Solicitors, we provide clear and frank advice on protecting, licensing or transferring IP rights, and the action that should be taken if a dispute occurs relating to your brand.

As no single agreement will suit all circumstances, the team at Palmers Solicitors can advise businesses on what should be included.

Should a dispute arise, we are able to take immediate injunctive or other action on your behalf.

Contact us today for bespoke guidance on registering and protecting a trademark.

March 2025 marks Ovarian Cancer Awareness Month.

Receiving a disclosure of a cancer diagnosis from one of your employees can be very distressing. You will be deeply concerned for your employee’s health and wellbeing, whilst also worried about how their sickness may affect your business operations.

Fortunately, there are several steps you can take to support your employees.

From making reasonable adjustments to providing compassionate support, you can empower your employees in the workplace and enable a smooth transition back after a period of absence – helping your employee to take care of their health without compromising on the success of your business.

Cancer and employees’ rights

If an employee has cancer, this is regarded as a disability under UK law, meaning employees with cancer are protected against discrimination under the Equality Act 2010. This applies to those whose treatment has been completed and whose cancer is in remission.

As an employer, you are legally obliged to support your employees and cannot treat them unfavourably because of a cancer diagnosis.

Reasonable adjustments

Under the Equality Act, you are obliged to try to make reasonable adjustments for disabled employees.

Reasonable adjustments are changes to the employee’s job or workplace that enable them to continue working. Examples of reasonable adjustments could include:

• Altered working hours or shift patterns.
• Allowing paid time off for to medical appointments.
• Implementing a phased return to work after time off.
• Factoring in extra breaks to prevent exhaustion and further ill health.
• Making changes to the employee’s job description.
• Changing performance targets.
• Providing assistive equipment or software.

You should ask your employee about what reasonable adjustments can be made to assist them.

Every person affected by cancer will have different needs and require different adjustments. It is important not to assume what your employee will need – open communication is vital for ensuring you can agree on suitable adjustments to support your employee.

The duty to make reasonable adjustments does not mean you are obliged to meet all requested adjustments. However, you must have a good reason for not agreeing to a requested adjustment.

Confidentiality

An employee’s right to keep their medical information private is protected under UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

The Access to Medical Reports Act 1988 also states that you must ask your employee’s permission to get a medical report from their doctor or other health professional. Your employee has the right to:

• View the report before it is given to you.
• Refuse permission for you to get the report.

You may want to talk to your employee about whether they want colleagues and clients to be told about their condition. You must not give out this information without your employee’s consent.

You should take care to protect your employee’s personal records, including emails and any meeting notes containing details about their condition. This type of personal data should only be used with your employee’s permission.

Paying an employee on sick leave

Your employee may be eligible for Statuary Sick Pay (SSP), which is £116.75 a week for up to 28 weeks.

You can offer more if you have a company sick pay scheme, but you cannot offer less.

Your company scheme (which may also be called ‘contractual’ or ‘occupational’ sick pay) must be included in an employment contract.

Employees who are off work sick for more than four weeks may be considered long-term sick. This is likely to be the case for employees with a cancer diagnosis, due to the length of treatment and the time it takes to recover.

The right to accrue paid annual leave continues while an employee is on sick leave, even if that period exceeds 12 months.

You cannot force your employees to take annual leave when they’re eligible for sick leave.

They must also be permitted to carry over their full holiday entitlement to the following year.

However, employees do not have the right to carry over their holiday entitlement for an indefinite period whilst on extended sickness absence.

You can seek to cap the length of time in which any such holiday entitlement must be taken. Current case law suggests that this period should be limited to a maximum of 18 months.

Dismissing a long-term sick employee

Dismissing an employee because of long-term sickness from their cancer diagnosis should always be a last resort following a sickness management process.

If your employee thinks they have been unfairly dismissed or discriminated against, they could take their case to an employment tribunal.

Remember, it is against the law to treat an employee less favourably because they have cancer. This amounts to discrimination under the Equality Act.

Your sickness management process should include exploring all other options fully, such as flexible or part-time work, or asking your employee to do different work (with training if necessary).

Employees could make a claim for failure to make reasonable adjustments.

You must always consult with your employee about when they could return to work and if their health will improve.

Supporting you and your employees

A cancer diagnosis is an emotional time for everyone involved, and we know that supporting your employees’ health and wellbeing is of the utmost importance.

Our specialist employment law team can advise you on your legal responsibilities as an employer and how you can support employees through periods of ill health.

If one of your employees has been diagnosed with cancer, it is essential to provide appropriate support and meet your legal obligations. Contact us today for tailored advice and guidance.

Launching your first business is an exciting step – but one that must be prepared for thoroughly to avoid any problems and mitigate risks.

It is relatively easy to set up and run a limited company in the UK. However, it is essential that you take proper advice and comply with relevant legislation.

Here’s our quick guide to setting up your first business in the UK.

Naming the company

As a first step, you should choose a company name.

You cannot choose the same name as an existing company, or a name which is sufficiently similar so as to cause confusion. You can check whether the name you would like is already registered by accessing the Companies House website at: www.companieshouse.gov.uk.

You should also be careful that you do not use purported “sensitive words” in your company name. For example, you cannot have offensive words in the name, or words that imply an erroneous association, such as “Royal” or “Chartered”.

As a limited company (limited by either shares or guarantee), your company name must also end with “Limited” or “Ltd,” or the Welsh equivalent where applicable.

Our expert corporate solicitors can advise you on naming your company according to the rules and carry out a search of the Companies House register on your behalf.

The legal basics

Once you have chosen your name, it is time to incorporate your company.

A business cannot operate as a limited company until it has been incorporated at Companies House under the Companies Act 2006.

Once registered, you will receive a certificate of incorporation with your company number to show that your company has been incorporated together with your company’s articles of association (the “Articles”).

The Articles act as an internal rulebook for the company and describe how the company will be run, shareholders’ rights, any restricted objects, and details of what the directors may and may not do.

You can either choose to adopt “model” Articles, which contain certain default provisions for companies limited by shares or guarantee, or you can tailor your company’s Articles to include specific provisions – for example, you may wish to have different classes of shares with different voting rights.

Our corporate team is equipped to incorporate private companies and draft bespoke Articles to meet the specific needs of your business.

Officers of the company

All private limited companies must have at least one director.

The director/s run the company on behalf of the shareholders and have a number of legal duties towards the company. These duties are contained in the Companies Act 2006 and include:

• A duty to promote the success of the company.
• A duty to avoid conflicts of interest.
• A duty not to accept benefits from third parties.
• A duty to declare an interest in a proposed transaction or arrangement.
• A duty to exercise reasonable care, skill and diligence.

Apart from making business decisions, the directors are responsible for preparing and delivering documents on behalf of the company to Companies House and HM Revenue & Customs (HMRC), such as the company’s accounts and the annual return.

The role of the director is defined by case law and confirmed by the Companies Act 2006. Effectively a director should always act in good faith and in the interests of the company as a whole by declaring any conflicts of interest and not making personal profits at the expense of the company.

If in doubt, you should always seek professional advice, as acting outside the scope of applicable legislation can lead to fines, disqualification from acting as a director, personal liability for the company’s debts or even, in some cases, a criminal conviction.

Registered office and record keeping

It is a requirement of the Companies Act 2006 for every company to have a registered office at all times, and this must be a physical location where notices and letters can be sent to the company, and also where the company’s records that are required for inspection should be held.

You need to make sure that the address of your company’s registered office is on business letters, order forms and the website.

Employing staff

If you are going to be employing staff, you will need to be aware of the relevant law in relation to their employment.

This will cover not only their rights whilst employed, but also during the recruitment process and after their employment has ended.

You will need to consider what will be in your recruitment and employment contracts, how you will ensure compliance with employment law, and understand PAYE and National Insurance Contributions (NIC).

We can work with you to ensure you are aware of your responsibilities and obligations as an employer and to ensure you have the appropriate documentation and procedures in place in what can be a very complex area.

Insurance

Insurances is a legal requirement for most businesses and is vital to protect companies against claims made by staff and members of the public.

The three main insurances which you may need are:

1. Employers’ Liability Insurance: This protects your company against claims made by employees if they believe that an accident or illness they have suffered has been caused as a direct result of their work. It is a legal requirement to have cover of at least £5 million – your company could be fined if you do not have sufficient insurance in place.
2. Public Liability Insurance: This protects your company against claims brought by members of the general public or customers who claim to have been injured or had their property damaged while on company premises.
3. Professional Indemnity Insurance: This covers your company against claims for loss or damage made by a client or third party if your company has been found to have been negligent in some or all of the services provided. Many professions and companies – such as solicitors, accountants, and architects – are required to have professional indemnity insurance cover as a regulatory requirement, or as part of their professional authorisation. Other consultants also choose to have this type of insurance.

We can advise you on your business’s requirements and help you decide which protections are suitable for your company.

Bribery

You must be aware of the risks of bribery and take every step to protect your business.

Under the Bribery Act 2010, it is a criminal offence for an individual or commercial organisation to offer or receive a bribe to bring about or reward the improper performance of a function or activity.

This includes bribing a foreign public official, even if that person has demanded a bribe.

It is important for you to ensure that you have adequate procedures in place and can demonstrate this through record-keeping and audit practices. The areas you should concentrate on are procurement, sales, marketing, hospitality, cash or credit handling and charitable activity.

We can advise you about how best to protect your business from infringing the Bribery Act.

Supporting your business ambitions

Starting out on your business journey is an exciting time, but one that is fraught with potential legal risks.

Our company and commercial law experts at Palmers Solicitors deal with all aspects of company law, advising you and your business at all points in its lifecycle, from incorporation to sale or dissolution.

We will help you handle your legal obligations, leaving you more time to focus on growing your business.

For tailored advice on setting up your first business, please contact our company and commercial law specialists today.