in December 2024, the Law Commission of England and Wales released a scoping report addressing the need for reform in the law governing financial remedies in divorce proceedings. While the report does not make any firm recommendations, it highlights significant issues within the current legal framework and discusses the implications of reform in this area of practice. The Current Legal LandscapeThe existing law surrounding divorce and financial proceedings is primarily governed by the Matrimonial Causes Act 1973. Despite the evolution of case law over the past fifty years, the statute itself has remained unchanged. The lack of updates has led to ambiguity and confusion regarding key concepts and the distinction between matrimonial and non-matrimonial property, which are not explicitly defined in the statute.Critics argue that the broad discretion afforded to judges under the current law creates uncertainty for divorcing couples. Different judges may arrive at vastly different outcomes based on the same set of circumstances, which can complicate negotiations and potentially escalate costs. As society has evolved significantly since the 1970s, many believe that reform is overdue to align the statute with contemporary values and expectations.Key Findings of the Scoping ReportThe scoping report concludes that the current law requires reform and places the onus on the government to determine the direction of these changes. It outlines four potential models for future reform:Codification: This model involves minimal changes to existing law, with key concepts from case law codified into a single statute. While this would enhance accessibility, it would not significantly reduce judicial discretion.Codification-Plus: Building on the codification model, this approach would include additional reforms to address unsettled areas of law while still allowing for judicial discretion, albeit with some limitations.Guided Discretion: This model would introduce a set of principles and objectives to guide judicial discretion, providing a more structured approach to decision-making.Default Regime: This model would establish a matrimonial property regime, offering couples clarity on how property will be divided upon divorce. This approach is common in several European countries and would significantly reduce judicial discretion.Areas in Need of ReformThe scoping report identifies several areas where reform is particularly necessary:Nuptial AgreementsThe Law Commission’s 2014 report recommended that couples should be able to enter into binding agreements, but the government has yet to act on this. Since the landmark case of Radmacher v Granatino, nuptial agreements which are being increasingly upheld, provided that they meet certain criteria and that the effect of the same will meet need.Nuptial agreements are becoming increasingly popular, and the courts are placing more weight upon them now than ever before. The Law Commission are considering whether to produce a standardized nuptial agreements, which engaged couples can utilise in order to safeguard their assets in the event of divorce. Spousal MaintenanceThe current law allows for spousal maintenance to meet need and support a spouse’s transition to financial independence. However, there are calls to limit maintenance to a specific duration, raising concerns about the potential vulnerability of ex-partners. Often, the court and Family Law practitioners try to avoid ongoing maintenance and achieve a clean break, in order to limit any future dispute or issues between the parties, for example if the person who is paying maintenance is no longer able to do so.ConductThe absence of a statutory definition of conduct has led to inconsistencies in how personal misconduct is treated in divorce proceedings. Reform could clarify what constitutes conduct and its relevance in financial settlements.Financial Support for Children Aged 18 and OverThe current statute generally ceases financial support for children at 18, despite societal norms where parents often continue to provide support. Calls for reform suggest extending this support to the age of 21. In practice, it is common for children in their early to mid-20s to continue to live with their parents, despite legally being adults. This often means that a parent is still financially responsible for a child, even if the court considers them to be an adult and therefore not relevant to financial proceedings.How Manak Solicitors can support you While the Law Commission’s scoping report advocates for reform, it does not specify a method for implementing changes, leaving the decision to the government. The current system, which relies on both statute and case law, provides judges with considerable discretion to achieve fair outcomes. Any proposed reforms must balance the need for certainty with the necessity of fairness in financial settlements.If you are considering divorce or need assistance with financial settlements or pre-nuptial agreements, don’t hesitate to reach out to Manak Solicitors. Our team of divorce solicitors can help you with: Financial SettlementsOur solicitors work diligently to secure a fair financial settlement that meets both parties’ needs, as well as taking into account other factors such as contributions. We understand the complexities involved in asset division, including the need to account for property, savings, and pensions. Our goal is to ensure that your financial future is safeguarded, allowing you to move forward with confidence.Child ArrangementsOur team advocates for a child’s best interests in determining who a child is to live with and the frequency and duration of their time with the other parent. We will work collaboratively with you to establish arrangements that promote stability and security for your children, whether through shared care or an alternative arrangement.Prenuptial and Postnuptial AgreementsOur solicitors are experienced in drafting, reviewing, and negotiating pre- and post-nuptial agreements. These agreements can provide peace of mind by safeguarding your assets and will also limit future disputes in the event of a divorce. Domestic Violence and AbuseIf you are facing domestic violence or abuse, our team is committed to your safety and wellbeing. If required, we can assist you with applying for various injunctions, such as non-molestation orders. We provide compassionate support and guidance in securing protection orders and addressing related divorce issues. Find out more about our divorce services and book a consultation with Manak Solicitors today. 

Whether it is for personal beliefs, financial reasons, or simply not wanting to conform to societal norms, cohabitation is becoming increasingly common. But although many individuals in the UK choose to live together without getting married or entering a civil partnership, it is essential for cohabiting couples to understand their legal rights and responsibilities.What is a cohabitation agreement?A cohabitation agreement is a legal document that is created by unmarried couples who live together or plan to do so in the near future. It outlines the rights and responsibilities of each partner, providing clarity and protection in various aspects of their shared life.The purpose of a cohabitation agreement is to prevent misunderstandings and disputes by clearly defining the terms of the relationship. It covers important areas such as property ownership and financial contributions. By establishing these terms, both partners can feel secure and confident in their relationship, knowing that their rights and interests are protected in the event of a break-up, death. or other significant live-changing event.Cohabitation: Legal rights of partnersListed below are the legal rights of cohabiting couples who do not currently have an agreement in place.FinancesEach partner retains legal ownership of their individual assets and bank accounts, and there are no automatic rights to inherit the other partner’s assets or pensions upon death. However, even if you do not have a legal interest in your partner’s property, a partner may be able to establish an equitable beneficial interest in certain circumstances, for example, if they have been promised an interest and in reliance they make a contribution to the purchase price or the mortgage payments. The same applies if you solely own a property to which your partner makes a contribution towards. Various tax benefits available to married couples are not applicable to cohabiting couples.Finances on deathIf a married person dies without a Will, certain assets will automatically pass to the other partner, for example jointly-owned property. The same does not apply to unmarried couples. For cohabitees, it is therefore important that there is a Will in place providing for individuals to leave their assets to whoever they choose, including their unmarried partner or their unmarried partner’s children. It is sensible to put a Will in place alongside a cohabitation agreement. PropertyBoth partners are equally responsible for rental obligations if their names are on the Tenancy Agreement. For jointly purchased properties, it is sensible to put in place a cohabitation agreement to determine what happens if the relationship ends. A property can be held either as joint tenants or tenants in common. If you hold your property as joint tenants, if either of you were to pass away, your interest in the property will automatically pass to the other person. If, for example, you have made unequal contributions, you may wish to hold your property as tenants in common, which means it is held in two separate shares. You can then put in place a cohabitation agreement which records your respective shares and, if the property were to be sold, how the sale proceeds were to be divided. A cohabitation agreement can also set out who makes specific contributions to the property, for example, contributions to the mortgage and utilities. This will help with avoiding any future disputes. ChildrenChildren-related matters are not covered within a cohabitation agreement. Instead, you would need a separate parenting plan or child arrangements order. If both partners are listed on a birth certificate, they have equal parental rights and responsibilities. In the event of separation, child maintenance is paid which is governed by the Child Maintenance Service, Child Arrangements OrdersChild Arrangements Orders are legal orders made by a court that determine the living and contact arrangements for children when their parents have separated or divorced. These orders aim to ensure that the child’s best interests are protected and that they have a stable and supportive environment.Child Arrangements Orders can specify various aspects of the child’s life, including:Determining with whom the child will primarily live or have their main residence. The order can specify whether the child will live solely with one parent or with both parents. Setting out spending time arrangements for the parent with whom the child does not live. Addressing specific issues concerning the child’s upbringing and welfare. This may include decisions regarding the child’s education, healthcare, religious upbringing, or any other matter that requires a resolution.Seeking Legal Advice from Manak SolicitorsManak Solicitors are Family & Matrimonial Law experts, and we have extensive experience in dealing with Cohabitation Agreements, as well as other Family Law matters. We understand that dealing with Cohabitation Agreements and Child Arrangement Orders can be stressful, which is why our experts will do everything possible to make the process hassle-free. We pride ourselves on being some of the best family solicitors in Sevenoaks, Orpington, and Gravesend. Our Family Lawyers  are accredited and experienced experts, who will ensure that you receive an efficient and reliable service at all times. For more information about creating cohabitation agreements, explore our family law services or contact us today to schedule a consultation with one of our experienced family experts.

What Homebuyers Need to Know About SDLT Changes in 2025Major Changes to Stamp Duty Land Tax (SDLT) in 2025 – What It Means for YouIf you’re planning to buy a property in 2025, you need to be aware of the upcoming **Stamp Duty Land Tax (SDLT) changes**. These new rules, effective from **April 2025**, will impact first-time buyers, homeowners moving to a new property, and investors purchasing additional homes.Understanding how these changes affect your finances can help you plan ahead and avoid unexpected costs. Here’s everything you need to know.What Is Stamp Duty Land Tax (SDLT)?Stamp Duty Land Tax (SDLT) is a **property tax** levied on residential and commercial property purchases in England and Northern Ireland. The amount owed depends on:**The purchase price of the property****Whether you’re a first-time buyer, homeowner, or investor**  **Whether the property is your main residence or an additional home**With changes coming in April 2025, different buyers will be affected in different ways.Current SDLT Rates (Before April 2025)For Homeowners Moving to a New Property- Up to **£250,000** → **No SDLT**- **£250,001 – £925,000** → **5%**- **£925,001 – £1.5 million** → **10%**- Over **£1.5 million** → **12%**For First-Time Buyers- Up to **£425,000** → **No SDLT**- **£425,001 – £925,000** → **5%**- **£925,001 – £1.5 million** → **10%**- Over **£1.5 million** → **12%**For Buyers of a Second Home or Buy-to-Let Investors- Up to **£250,000** → **5%**- **£250,001 – £925,000** → **10%**- **£925,001 – £1.5 million** → **15%**- Over **£1.5 million** → **20%**New SDLT Rates from April 2025For Homeowners Moving to a New Property- Up to **£125,000** → **No SDLT**- **£125,001 – £250,000** → **2%**- **£250,001 – £925,000** → **5%**- **£925,001 – £1.5 million** → **10%**- Over **£1.5 million** → **12%**For First-Time Buyers- Up to **£300,000** → **No SDLT**- **£300,001 – £500,000** → **5%**- Over **£500,000** → **Standard rates apply**For Buyers of a Second Home or Buy-to-Let Investors- Up to **£125,000** → **5%**- **£125,001 – £250,000** → **7%**- **£250,001 – £925,000** → **10%**- **£925,001 – £1.5 million** → **15%**- Over **£1.5 million** → **17%**How Will the SDLT Changes Impact Buyers?First-Time BuyersThe SDLT-free threshold drops from **£425,000 to £300,000**, meaning some first-time buyers will pay SDLT when they previously wouldn’t.If purchasing a property above **£500,000**, first-time buyers will pay standard rates with no relief.This could delay purchases as buyers need to **save more for upfront costs**.  Homeowners Moving to a New PropertyMore properties will **fall under the SDLT bracket** due to the reduced **tax-free threshold (from £250,000 to £125,000)**. Buyers will need to factor in **higher costs** when budgeting for their move.Second Homes & Buy-to-Let InvestorsHigher SDLT surcharges will **increase purchase costs**, making investment properties **more expensive**. Some investors may choose to buy before **April 2025** to avoid the higher rates.What Should You Do Now?**If you’re a first-time buyer**, consider purchasing **before April 2025** to benefit from the current SDLT-free threshold.**If you’re moving home**, be prepared for additional costs after April 2025 and factor SDLT into your budget.**If you’re an investor**, the increased SDLT surcharge may impact your returns – planning ahead is essential.How Manak Solicitors Can HelpNavigating SDLT changes can be complicated, but our team at **Manak Solicitors** is here to guide you through the process. We provide expert conveyancing services to ensure you understand your tax liabilities and **make informed decisions about your property purchase**.**Why Choose Manak Solicitors?** **Expertise in property law & conveyancing****Clear, practical advice tailored to your needs****Support for first-time buyers, home movers & investors****Contact us today** to book a consultation and ensure you’re fully prepared for the SDLT changes in 2025.**Email us** | **Visit our offices** | **www.manaksolicitors.co.uk**

The Employment Rights Bill, currently winding its way through Parliament, promises to transform the world of work in Britain. Dubbed by the government as the "biggest upgrade to workers’ rights in a generation," this legislation aims to bolster job security, enhance protections, and drive productivity to fuel economic growth. With amendments tabled on 4 March 2025 after months of consultation with businesses, trade unions, and others, it’s a good moment to consider how this Bill could reshape the workplace—and what it means for British workers, employers, and the economy at large.A Win for Workers and Businesses AlikeLaunched on 10 October 2024, within Labour’s first 100 days in power, the Employment Rights Bill is a cornerstone of its "Plan to Make Work Pay." It tackles long-standing issues like insecure jobs, low wages, and patchy worker rights, which many argue have held back productivity and economic potential. The latest tweaks, announced this week, show the government’s intent to strike a balance between empowering workers and keeping businesses on board.Here’s what’s on the table:Day-One Rights: Workers will get immediate access to unfair dismissal protection (with a probationary period still to be ironed out), parental leave, and statutory sick pay, scrapping previous waiting times.Cracking Down on Exploitation: The Bill bans exploitative zero-hours contracts, giving workers the right to guaranteed hours based on their usual shifts, and puts an end to "fire and rehire" unless it’s a last resort.Flexible Working as Standard: Employers will need to offer flexible working from day one unless it’s genuinely unfeasible, aiming to improve work-life balance.Tougher Enforcement: A new Fair Work Agency will bring together existing bodies to enforce rights like holiday pay, while offering businesses practical support.The pitch is simple: secure, well-treated workers are more productive, and a productive workforce drives economic growth. It’s about putting more cash in people’s pockets and creating a virtuous cycle of investment and spending.Productivity: The Worker Rights DividendThere’s solid ground behind the government’s claims. Studies, including those from Cambridge cited in official statements, show that stronger employment laws over the past 50 years have boosted productivity rather than hampered it. Workers who feel secure and valued tend to stick around, cutting recruitment costs and lifting output.Take day-one unfair dismissal rights: knowing they can’t be sacked on a whim could ease the anxiety that drags down performance. Or consider statutory sick pay from day one (still under consultation)—it might encourage proper recovery, reducing long-term absences. The Trades Union Congress (TUC) reckons these changes could pump over £13 billion a year into the economy, with savings from less workplace stress (£974 million) and better staff wellbeing (£930 million).Businesses aren’t left out in the cold either. By sorting out zero-hours contracts and tightening up umbrella company loopholes, the Bill could stop rogue employers undercutting the good ones. The Co-op, a big name in British retail, backs the reforms, saying that treating staff well pays off in productivity—a view shared across parts of the high street.Growing the Economy: A Rising Tide?The government’s big idea is that Britain’s sluggish growth and stagnant productivity—hallmarks of recent years—need a shake-up. The Employment Rights Bill sits within its "Plan for Change," promising stability and reform over uncertainty and cuts. More secure jobs and better pay mean more spending power, which could give the economy a much-needed shot in the arm.Not everyone’s sold, though. Some business groups and voices like Ross Clark in *The Spectator* (4 March 2025) warn of a £5 billion annual hit to employers, which might make them think twice about hiring. The government’s own numbers suggest a “small but positive” boost to growth, but critics point to risks—small firms, especially, might struggle with extra red tape or tribunal claims.Looking Ahead to 2025 and BeyondAs of 5 March 2025, the Employment Rights Bill is still taking shape. Consultations on tricky details—like how long probation periods should be or how flexible working will work in practice—are set to heat up this year. Most changes won’t kick in until 2026, with unfair dismissal reforms held off until at least Autumn 2026, giving everyone time to adjust.For employers, 2025 is the year to get ready: tweak contracts, update handbooks, and train managers on handling flexible working requests. Workers can look forward to more clout and security, though they’ll need patience for the full rollout.Striking the Right BalanceThe Employment Rights Bill is a bold move to modernise British employment law, with real potential to lift productivity and grow the economy by putting workers first. Its success depends on getting the details right—supporting workers without bogging down businesses. As consultations roll on and the Bill takes its final form, 2025 will be make-or-break in deciding whether this is the "once-in-a-generation" shift it’s billed as.Samir Moftah, Employment Law Specialist at Manak Solicitors, sums it up: “The Employment Rights Bill could be a game-changer if it delivers security for workers without stifling the flexibility businesses need to thrive. It’s a delicate balance, but one worth getting right for the sake of Britain’s economy.”We at Manak Solicitors can assist by advising businesses on how best to navigate changes in law.

Christmas is a wonderful time, but it can also come with challenges for some families, particularly when deciding how children of separated or divorced parents will spend the holidays. Balancing traditions, routines, and quality time with parents can sometimes lead to disagreements. At Manak Solicitors, we are here to help you navigate these arrangements with ease and focus on what matters most: the well-being of your children.Finding what works for your familyEvery family is unique, and so are their festive plans. For some, it may work best for children to spend set days with each parent, alternating yearly. For others, a more flexible arrangement may be required to allow the children to spend quality time with both parents. The goal is always to ensure children feel loved and supported during the holidays and are not affected by any dispute between their parents.Reaching an agreementWe know that it is not always simple to find common ground and reach an agreement with an ex-partner, but there are ways to make the process smoother:Legal Support: our expert team of family solicitors can guide discussions to help you create a fair and practical arrangement that works for everyone.Mediation: this provides a neutral space for parents to resolve differences amicably with the assistance of a trained mediator. These approaches allow families to control decisions for their children more quickly and less stressfully, which can defuse tension between parents. The goal is to create an arrangement that works for your children and meets their physical and emotional needs. Where an agreement cannot be reachedIf mediation and discussions via solicitors do not work, applying for a child arrangements order through the court may be necessary. This will result in a clear, legally binding decision about where your child spends their time, not just for Christmas but for future holidays and day-to-day life.Before applying to the court, you must engage with some form of non-court dispute resolution (NCDR), such as mediation, unless you can claim a valid exemption. If NCDR is not successful, our team can help you prepare your case for court and guide you every step of the way.Focus on What Matters MostAt Manak Solicitors, we understand every family is different. Our experienced family law team provides tailored support to prioritise your child’s happiness. Contact us today at [email protected] or call 01689 870 769. Let us help keep your focus on what truly matters this Christmas.

At Manak Solicitors, we specialise in high-value transactions that demand precision, expertise, and excellent communication. Over the years, we’ve had the privilege of working alongside Melanie Attwater, a personal estate agent who shares these values.The Collaborative AdvantageOne of Melanie’s standout qualities is her proactive approach to every transaction. Her attention to detail and client-first approach ensure that no stone is left unturned. We’ve seen firsthand how her commitment ensures that every part of the process is handled with care and precision.We share Melanie’s passion for collaboration. By working closely together, we don’t just find solutions for individual challenges; we actively strengthen the chain, making the entire process smoother for everyone. This mutual respect and alignment in our goals create a winning partnership that benefits our clients.Why Choose Melanie?For anyone navigating the luxury property market, having the right estate agent and solicitor on your side is essential. With Melanie, you gain market expertise and a client-focused service that’s hard to match. With our team at Manak Solicitors, you get the legal expertise needed to ensure your transaction is seamless from start to finish.We highly recommend Melanie Attwater for her professional and thorough approach to estate agency. And, of course, when it comes to conveyancing, we’d love to help guide you through the process with the same commitment to quality and care.Contact Melanie:[email protected]

Landmark Legal Decision Overturns Thousands of Northern Rail Fare Evasion ConvictionsA groundbreaking ruling by the courts has overturned thousands of fare evasion convictions pursued by Northern Rail, after procedural failings were uncovered. The court found that Northern Rail had improperly used the Single Justice Procedure (SJP)—a streamlined process designed for minor offenses—to prosecute fare evasion cases. This misuse has rendered many convictions invalid, resulting in significant legal and financial implications for those affected.What Led to This Decision?The Single Justice Procedure allows courts to handle low-level offenses without a full hearing, provided the offenses meet specific criteria. However, Northern Rail applied this method incorrectly, failing to adhere to key procedural safeguards. A judge ruled that these prosecutions violated proper legal processes, making the convictions unlawful.This decision has sparked widespread repercussions, with thousands of individuals eligible to have their convictions quashed and their fines refunded. The ruling also highlighted the responsibility of train operators to ensure legal compliance when pursuing prosecutions.Key Details from the JudgmentThe court emphasized the importance of transparency and fairness, particularly when prosecuting individuals for minor offenses like fare evasion.Northern Rail acknowledged the procedural failings and has issued a public apology. A spokesperson stated that steps are being taken to address the issue and prevent similar errors in the future.The affected cases will be reviewed in bulk, with courts prioritizing efficiency to resolve the matter promptly.Implications for PassengersFor those wrongfully convicted, this ruling is an opportunity to challenge convictions and reclaim fines. However, the consequences of such convictions can extend beyond financial loss:Criminal Records: These can affect employment opportunities, particularly for those in regulated professions.Visa and Immigration Impact: A conviction may complicate applications for visas or residency status.Professional Repercussions: Licensed professionals, such as teachers and healthcare workers, may face disciplinary action.Northern Rail’s error underscores the need for defendants to understand their rights and seek legal advice when prosecuted for fare evasion.How Manak Solicitors Can HelpAt Manak Solicitors, we have extensive experience handling fare evasion cases and defending against wrongful convictions. Our services include:Reviewing your conviction and determining its validity.Assisting in refund claims for fines paid under invalid prosecutions.Advising on the broader implications of criminal records, including immigration and employment concerns.Next Steps for Affected PassengersThe court has directed Northern Rail to collaborate with legal authorities to resolve the issue. Affected individuals will likely receive notifications about their eligibility for redress in the coming months. Bulk hearings have been scheduled to expedite the process.ConclusionThis ruling represents a critical moment in fare evasion law, reinforcing the need for due process and fairness in prosecutions. For those impacted, this is an opportunity to correct an injustice and safeguard their futures.Samir Moftah, a leading fare evasion solicitor responded to the news with the following; ‘It is no surprise that the Court declared the cases a nullity. It is important to seek legal advice when facing a fare evasion case so that the legalities of matters can be checked and dealt with correctly. We are here to assist anyone in need.

Celebrating Kyokushinkai Karate Champions at GNG GravesendOn Friday, November 15th, the GNG Sports Hall in Gravesend hosted a special event to honour the recent Crystal Palace Kyokushinkai Karate Competition winners. The event, held at 6pm, brought together athletes, families, and supporters to celebrate their incredible achievements. Winners proudly brought their trophies, showcasing their hard work and dedication. Gravesham MP Lauren Sullivan congratulated the athletes and highlighted their success, making the celebration even more memorable.As proud sponsors, we were thrilled to see our banner on display, capturing these proud moments with the club and their champions. Congratulations to all the winners for their outstanding achievements. You’ve made your community proud!Here’s to continued success for the GNG Gravesend Kyokushinkai Karate Club and its talented members.

Orpington Christmas Light Switch On 2024This year, the Orpington Christmas Light Switch-On brought a vibrant buzz to the High Street, and we were proud to be its main sponsors again. It was the ideal way to begin the festive season, with music, food, laughter, and a fireworks finale lighting up the skies.We aimed to bring something a little different to the party at the Manak tent. For those feeling adventurous, our fighter jet simulator, inspired by our new Biggin Hill office, let visitors take to the skies (virtually, of course). And for anyone who prefers to keep their feet closer to the ground, our ski simulator was ready and waiting. Whether you’re a fan of flying or more into downhill adventures, we had something to keep everyone entertained.The main stage entertained the crowd throughout the day with performances from local school choirs, dance groups, and live bands. The food stalls added to the atmosphere, serving everything from home-cooked food to mulled wine and festive treats. As the evening drew closer, the countdown to the light switch-on created a moment of shared anticipation. When the High Street lit up, it was met with cheers and applause, setting the tone for the season ahead.We loved meeting everyone who stopped by our tent, whether to try the VR simulators, learn about our services, or say hello. Events like this allow us to connect with the community, and we appreciate everyone who joined us.Thank you to all who made the event a success. The festive season is here, and we’re looking forward to more exciting events in the New Year. Stay tuned to our socials for updates!