Who has parental responsibility and what does it mean?

Families now come in all shapes and sizes, and children may live with parents who are cohabiting, married, separated or divorced. They may be part of a step-family, live with adoptive parents, grandparents, other relatives or a special guardian. If you have spent many years living with and developing a close bond with a child, you may be concerned that your ‘parental’ status is not formally recognised and you may worry that you could be excluded from key decisions in the future. Our family law team expert at Ware & Kay Solicitors in York & Wetherby explains that parental responsibility is a legal concept defined by the Children Act.  ‘It determines all the rights, duties, powers and responsibilities and authority that a parent of a child has in relation to the child and their property.’ Whoever…

Divorce: am I entitled to share my spouse’s pension?

As part of any discussion regarding family finances following divorce, it is important to consider pensions.  As our family law team expert with Ware & Kay in York & Wetherby explains, this is particularly so if compared to your former spouse you only have a very modest pension of your own or perhaps no pension at all. ‘In many cases, it may be possible to obtain a share of your former spouse’s pension pot in order to address any inequality in entitlement’, explains our family law team expert, ‘but it is important to seek legal advice early to determine whether an application to the court is appropriate and, if it is, to ensure that any order made is fair’. When can a pension be shared? The court can make a pension sharing order where legal proceedings…

Implications of the new Debt Respite Scheme Regulations for Landlords

The Government has recently published guidance on a breathing space for debtors that will come into effect on 4 May 2021: The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. As a creditor, if you are told that a debt owed to you is in a breathing space, you must stop all action related to that debt and apply the protections. These protections must stay in place until the breathing space ends. There are two types of breathing space: a standard breathing space and a mental health crisis breathing space. Both have the same effect to prevent creditors from taking action to recover qualifying debts while the Regulations are in force. A standard breathing space is available to anyone with a problem debt and will give them legal…

New rules for IR35 and off-payroll working from 6 April

After postponements in 2019 and 2020, the 6 April 2021 is the third date scheduled for the off-payroll working rules to be extended to the private sector. The purpose of the change is to increase compliance with tax rules known as IR35. This change has implications for: medium and large private sector organisations using contractors and freelancers; contractors and freelancers who provide their services through an intermediary, such as a personal services company; and agencies supplying contractors who provide their services through an intermediary. Medium and large private sector organisations using contractors and freelancers who provide their services through an intermediary such as a personal services company will be responsible for assessing the individual’s tax status under the off-payroll working rules. ‘The vexed issue of employment status, namely whether an individual is self-employed or…