Prenuptial Marital Agreements - Free Essay Example

Sample details Pages: 10 Words: 3011 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Review Tags: Act Essay Marriage Essay Did you like this example? This essay highlights the aspect of prenuptial marital agreements. A pre-nuptial agreement is an contract made by a couple before they get married or enter into a civil partnership, which assorts how they desire their assets to be shared if they should divorce or have their civil partnership dissolved. Such agreements are divided into three categories. Don’t waste time! Our writers will create an original "Prenuptial Marital Agreements" essay for you Create order First are the Pre-nuptial agreements which are made before marriage. Second are the post-nuptial agreements which are similar to pre-nuptial agreements but would be prepared after marriage or civil partnership. Lastly, we have the separation agreements and these are made after separation and in expectation of a forthcoming divorce or dissolution. This piece aims to review how the law has adopted changes over the time period. It will analyse the developments and any recommendations that can be pondered over will be discussed. Pre-nuptial agreements are legally binding in numerous countries including the United States of America and Australia. However, they are not automatically enforceable in courts in England and Wales. In a landmark ruling in the case of Radmacher v Granatino the Supreme Court said à ¢Ã¢â€š ¬Ã…“that courts should give effect to a pre-nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumst ances prevailing it would not be fair to hold the parties to their agreementà ¢Ã¢â€š ¬Ã‚ .[1] The essay revolves around this case and leading scenarios. A couple may decide between themselves how to split their possessions on divorce. They will often seek legal advice and the awareness that courts will more or less make the same decision if the matter was to be presented in front of them. Their contract will be then approved by court. When this is not possible such as where dispute between parties arise, an application for ancillary relief will be decided by the court. Financial provision might be granted to either party to the marriage, subject to the facts of the individual case as every case has different circumstances. According to the section 25 of the Matrimonial Causes Act 1973, the court has very extensive discretion concerning the division of assets on divorce however the court must acknowledge all the related circumstances of the case, importance should be given to the welfare of a minor which is of any child of the family who has not reached the age of eighteen. The court must also deliberate whether it is likely to make a à ¢Ã¢â€š ¬Ã…“clean breakà ¢Ã¢â€š ¬Ã‚ .[2] Similarly in the case of a civil partnership, The Civil Partnership Act 2004 s.5 (5) sets out related requirements in relation to financial provision applications on dissolution of a civil partnership.[3] The essay will tend to look at the law before the impact of Radmacher v Granatino. The courts have believed what could be labelled as a paternal attitude to the granting of ancillary relief ondivorce. Inthe past case of Hyman v Hyman(1929) Lord Buckmaster said that à ¢Ã¢â€š ¬Ã…“The Wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to maintenance is something she cannot barter away.à ¢Ã¢â€š ¬Ã‚ [4] Courts have given a lot of importance to its jurisdiction. The impression that the court is the wise one is still mostly leading. Even in the Radmacher case it is specified that à ¢Ã¢â€š ¬Ã …“the parties cannot by agreement, oust the jurisdiction of the court.à ¢Ã¢â€š ¬Ã‚ [5] It was protected in statute first by the Maintenance Agreements act of 1952 and then combined by the Matrimonial Causes Act 1973 which assists the judge to consider the related circumstances of the case. However, there have been amendments to how the appropriate circumstances can be measured. In the case ofEdgar v Edgar[6]it was acknowledged thatseparation agreementswould generally be given weight. More recently it had been decided that post-nuptial agreements should also be given weight if they were fair and just. This idea was lately supported by the Privy Council inMacleod v Macleod. However, pre-nuptial agreements have been constantly viewed as outside these relevant issues. The requirements for dividing assets are located in second part of the Matrimonial Causes Act 1973. The court has a very extensive discretion as to what commands to make on an application for ancillary relief. Yet t here is a definite pressure between the strategy of hopeful settlement and the outdated view that the state has an important concern in safeguarding that any settlement is just and reasonable considering the welfares of both parties involved. The revolutionary case on division of marital assets on divorce is White v White in which the House of Lords gave a breakthrough conclusion and said that in great valued asset cases the law has been incorrectly interpreted by the Courts for the previous thirty years. Previously a wife was limited to seeking her fundamental needs such as a house or some maintenance costs labelling to be awarded according to reasonable requirements. Now the approach has taken a different road. There is no difference between the husband and wife and the idea of equality prevails between the breadwinners and the homemakers. Focusing on the statements of equality, The Courts must deliberate carefully over section 25 of the MCA 1973 feature and fairness must be the m ain objective of the Court. When reached on a conclusion, the result must be measured against the yardstick of equal division. Failure in these steps can violate the issue of fairness. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s quite clear that mainly these cases and scenarios are only from high net worth couples. However, the main priority is the care of a minor. The beginnings concerns the welfare of a minor child of the family as the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s first attention, secondly the need to accomplish a fair conclusion. This idea was also supported in Miller v Miller[7] and McFarlane v Macfarlane[8]. The idea of equal Davison of assets kept lingering for some time until Radmacher v Granatino. Prenuptial agreements got a real acknowledgment after this case. InCrossley v Crossley[9] Thorpe LJ stated that, à ¢Ã¢â€š ¬Ã…“based on the particular facts of that case, the pre-nuptial agreement was a factor of magnetic importanceà ¢Ã¢â€š ¬Ã‚ . Other factors that should be satisfied in this case were that weight should be given to a PMA only if there Full frank disclosure of all the assets between parties, the issue of Equality of bargaining power, Each party had independent legal advice regarding the terms and the Terms were fair. Just as each party has a responsibility to make full revelation of all material realities to the court hearing an ancillary relief application, each party has a duty to make full and frank revelation of all material facts to the other party throughout discussions which can result in a consent order. This was explained in the case of Livesey v Livesey[10]. Radmacher was the first time when this matter appeared before the Supreme Court. There is one thing quite important that if the facts of the case continue to be of vital importance to the decision of the court regarding pre-nuptial agreements then it seems practical that the facts of the Radmacher case must be obviously displayed in order to clarify the decision of the court. The ruling of thi s case has a great impact on the reform of law which will be discussed further. The importance of this can be sensed from the statement ofJane Keir, law firm Kingsley Napley LLP, said: Qualifying nuptial agreements should be enforceable whilst limiting a judges discretion over any change to the intended outcome. Never before has English law gone quite so far. We urge parliament not to miss this opportunity to allow couples greater certainty and pre-agreed financial control should their relationship disintegrate. The Labour Government printed a consultation paper in 1998 called Supporting families[11], which measured the useful steps which can be acquired to support families. The paper recognized that couples might be disheartened from making pre-nuptial agreements because there was no obligation for the courts to take any account of such agreements in determining how to divide property on divorce. One of the suggestions being deliberated at that period was to see that is it a goo d idea to make a written pre-nuptial agreement about the distribution of money and property legally binding. Previously, pre-nuptial contracts were unenforceable as being in contradiction of public policy as it was measured that they might weaken the organization of marriage and attempt to restraint the discretion of the courts to grant property on divorce. In F v F, Thorpe J set the very inadequate worth of pre-nuptial agreements: à ¢Ã¢â€š ¬Ã…“The rights and responsibilities of those whose financial affairs are regulated by statute cannot be much influenced by contractual terms which were devised for the control and limitation of standards that are intended to be of universal application throughout our societyà ¢Ã¢â€š ¬Ã‚ .[12] It can be seen that recently courts have been ready to assign weight to a pre-nuptial arrangement as one of the applicable conditions to be taken into consideration in working out their discretion under section 25 of the Matrimonial Causes Act 1973. In X v X the judge held that à ¢Ã¢â€š ¬Ã…“the fact that the parties have made their own agreement is a very important factor in considering what is the just and fair outcome. The amount of importance will vary from case to caseà ¢Ã¢â€š ¬Ã‚ . He continued: à ¢Ã¢â€š ¬Ã…“The court will not lightly permit parties who have made an agreement between themselves to depart from it. The court should be slow to invade the contractual territory, for as a matter of general policy what the parties have themselves agreed should, unless on the face of it or in fact contrary to public policy or subject to some vitiating feature be upheld by the courts.[13] In 2003, court supported a pre-nuptial agreement on the foundation that the wife knew that the pre-nuptial contract was correctly counselled as to its terms, and signed it freely without pressure. Hence, it was decided that the contract should be considered by the court as one of the situations of the case under section 25 of the Matrimonial Causes Act 1973 and that admission into the contract established behaviour which it would be unfair to disrespect.[14] However, not in all cases the prenuptial agreements have been successful in getting valued. In Z v Z Moor J said, à ¢Ã¢â€š ¬Ã…“This was undoubtedly a case for equal division of assets absent the French agreement. The issue was whether the marital contract took the case out of sharing. There was no dispute that the agreement was entered into freely and with full understanding of its implications. No formal advice was given by thetwo notary witnesses and there was no formal disclosure. This did not matter as we knew exactly what the agreement entailed and each party new the financial position of the otherà ¢Ã¢â€š ¬Ã‚ .[15] Later on in 2008, in MacLeod v MacLeod[16], the Privy Council deliberated whether a pre-nuptial agreement was binding. The Privy Council held that it was not up to them to mess with famous rule that pre-nuptial agreemen ts were conflicting to public policy and on these basis they are not binding in the promised sense, and said that the matter was more suitable to law-making body than judicial development but post-nuptial agreements which provided for a upcoming parting could be given weight by the courts. The law standing in this situation can be weighed according to different scales. The upside of not having a prenuptial agreement is the presence of flexibility. The courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction can be advantageous and the courts can use their power to maintain fairness and justice. However, this scenario can be the slope down for couples looking for clarity in law. Couples with high net worth canà ¢Ã¢â€š ¬Ã¢â€ž ¢t secure their belongings due to the ambiguity in law. Looking at this there is a clear pathway needed for safeguard of assets and property upon divorce. To resolve this issue the law commission have been in the race. The Law Commission began a plan in 2009 to observe the p osition and enforceability of marital property agreements. In January 2011 it opened a discussion, revising the present law of marital property agreements and discussing choices for improvement. The scheme was stretched in 2012 to cover two additional matters of financial provision rising on divorce or the dissolution of a civil partnership. It was decided with the Ministry of Justice that the possibility of the scheme should be extended to comprise an assessment of two features of financial provision on divorce and the dissolution of a civil partnership namely financial needs and non-matrimonial property. The aim of the scheme was to bring clarity to the existing law. On 11 January the Law Commission sprung a public talk on marital property agreements, due to the result of Radmacher v. Granatino. The Law Commission was looking for views on the attractiveness of possible choices for reforming the law of prenuptial, postnuptial and separation contracts made by couples before or thr oughout their marriage or civil partnership that are planned to oversee their financial provisions if the relationship finishes. Finally in 2014, the final law commission paper came out with detailed recommendations, proposals and strategies to reform the law regarding prenuptial agreements. The main reform proposals are listed below. First and foremost The Family Justice Council should clarify the law relating to à ¢Ã¢â€š ¬Ã…“financial needsà ¢Ã¢â€š ¬Ã‚ . This would safeguard the law and make sure that it is applied reliably by the courts and strengthen judicial repetition. With the guidance people can acknowledge the position of law and their objectives without any legal help. Secondly, it should explore the likelihood of whether assistance to control of à ¢Ã¢â€š ¬Ã…“financial needsà ¢Ã¢â€š ¬Ã‚  could be planned. And the most important one is to familiarise with the concept of à ¢Ã¢â€š ¬Ã…“qualifying nuptial agreementsà ¢Ã¢â€š ¬Ã‚ . These would be enforceable con tracts which would allow couples to make binding provisions for the financial forfeits of divorce or dissolution. However, to make a qualifying nuptial agreement, certain practical precautions would have to be met. The agreements would be enforceable as agreements but would apply only after both partners financial needs, and any financial duties towards children, have been satisfied. And they would be binding only if at the period of signing, both parties had revealed material statistics about their financial stateand both gotlegal advice. Looking at the present law, it is now possible for couples to make pre- and post-nuptial agreements. Legalising prenuptial agreements can bring positive a vibe to the legislature. One of the key benefits of a prenuptial agreement is that it can give certainty on what assets are taken into deliberation in a divorce. These agreements can act as a shield for people of high net worth especially in the case second or more marriages where there are children from the existing marriage. A properly conveyed agreement provides a better grade of certainty. It gives the couple a level of autonomy and freedom from judicial interference in what should happen to their assets ondivorce. As Resolution vice-chair Jo Edwards expresses her feelings, Guidance on needs should encourage consistency, dispel myths and manage expectations. This will help anyone going through separation, even if they dont have access to legal advice and support, or are trying to reach agreements on their own, during a very traumatic time. [17] In the case of a wealthy partner it can limit their obligation to the less wealthy spouse. A prenuptial agreement can also distinguish assets collected prior to marriage, gifts and legacy as separate to joint wealth. These agreements also highlight the importance of autonomy as they let people make their own choices. This idea was also supported by Professor Elizabeth Cooke the Law Commissioner for property, family and trust law, said: Pre- and post-nuptial agreements are becoming more commonplace but the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect. Qualifying nuptial agreements would give couples autonomy and control, and make thefinancialoutcome of separation more predictableà ¢Ã¢â€š ¬Ã‚ .[18] However, if we consider the preceding statement then it clashes with the main theme of the essay. As it is can be taken from the dissenting judgement of Lady Hale, which states that Pre-nuptial agreements deny the economically weaker spouse an entitlement of the rights they are supposed to get. She also emphasises on the issue of reform of the law. Deliberating upon the strengths and weaknesses can lead to an easy conclusion that introduction to such agreements can be beneficial for both judiciary and public. Keeping in front of us that legalising prenuptial agreements are the most appropriate thing to do, there is an alternative th at can be pondered upon. This the idea of no fault divorce. In this scenario the fault in relationships which leads to divorce is extinguished. However, if no-fault divorce cancels marriage after the occasion, prenuptial agreements can do can play a good role in undermining it earlier. The idea of marriage is that ità ¢Ã¢â€š ¬Ã¢â€ž ¢s destined to be a lifetime affair and the clue here is that à ¢Ã¢â€š ¬Ã‹Å"til death do us partà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the idea of prenuptial agreements is that they create provision for the thing finishing before it even gets started. People are setting their resources out of the reach of the spouse in advance. Having considered all possible scenarios here, it can evidently be concluded that legalising the aspect of prenuptial agreements can be a revolutionary change in the history of England. It can provide a clear template for couples to follow and binding rules and regulations can be provided when needed. If anyone wants to enter a contract of su ch sort, they will know that efficient legal advice is needed which can be helpful when there are guidelines set to be followed. This will allow the lawyers and academics to have a clear transcript to study and advice their clients. [1] Radmacher v Granatino [2010] UKSC 42; [2010] WLR (D) 260 [2] Matrimonial Causes Act 1925 section 25A [3] Civil Partnership Act 2004 schedule 5, part 5, para 23(2) [4] Hyman v Hyman [5] Radmacher v Granatino [6] Edger v Edger [7] Miller v Miller [8] Macfarlane v Mcfarlane [9] Crossley v Crossley 2007 [10] Livesey v Livesey [11] Supporting families 1998 [12] F v. F (Ancillary Relief: Substantial Assets) [1995] 2 F.L.R. 45 at 66 [13] X v X (FD) [2002] 1 FLR 508 at 537 (Munby J) [14] K v K (Ancillary relief: prenuptial agreement) [2003] 1 FLR 120 (Roger Hayward-Smith QC (sitting as a Deputy High Court Judge) [15] Z v Z [16] Macleod v Macleod [17] https://www.familylawweek.co.uk/site.aspx?i=ed127909 [18] https://www.familylawweek.co.uk/site.aspx?i=ed127909

The War Of The Vietnam War - 752 Words

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Cipd Recording free essay sample

Organisations need to collect data in order to comply with regulations such as minimum wage, working time directive, health and safety and even health and safety. 2) Keeping training and performance records on employees enables management to assess individual productivity and performance and allows them to help the employee reach there full potential and in turn increase productivity. Two Types Of Data Collected and How Each Supports HR Practices 1) Statutory Records Such as tax, national insurance contributions, sickness and SSP, hours worked and accident book. These types of records ensure that the HR department complies with all regulatory requirements 2) Organisational Records – Such as Recruitment and Selection records, absence, staff turnover records, learning and development records. These types of records are essential for the HR department and allows them to monitor staffing levels and recruit when necessary, monitor staff sickness to ensure productivity is not being affected and also to if there is anything the organization can do to cut down on sickness levels and records to ensure that staff are maintaining a high level of efficiency through learning and development activities. We will write a custom essay sample on Cipd Recording or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Two Methods of storing records and benefits of each Manual System: Filing Cabinet – Files are easily accessible and doesn’t require a computer to be turned on. Manual system cannot be affected by loss of power or hackers cannot access a manual filing system from another computer Computerised System: The benefits of a computerised filing system are numerous, and include reduced costs to the company, benefits to the environment, increased ease of sorting, finding, and moving documents. Another benefit is that it allows the office to operate in a smaller environment, because a great deal of space is not required for storing documents in a paper filing system. Two Essential Items of UK Legislation relating to Recording and Storing HR Data Data Protection Act 1998 The Data Protection Act 1998 applies to most personnel records, whether held in paper or computerised format. Under the Data Protection Act, data must not be kept any longer than is necessary for a particular purpose. Computerised systems are covered by the law, as are certain manual systems: to be covered, manual systems must be organised into a relevant filing system. Subject to certain exceptions as detailed in Schedule 7 of the Data Protection Act, employees have the right to access their records and the employer is under an obligation to ensure that the data is accurate. Before releasing such data to a third party, the employer must seek the permission of the individual concerned. The Information Commissioner has issued an Employment Practices Data Protection Code in four parts: †¢ Part 1: Recruitment and selection †¢ Part 2: Employment records †¢ Part 3: Monitoring at work †¢ Part 4: Information about workers health. In the event that employment contracts/accident record books and other personnel records are needed for the purpose of a legal action, the riginals must be made available if possible  or the employer must explain what happened to the original documents backed up by what is known as a statement of truth. When employers really no longer need to keep certain data, destruction must take place securely and effectively, for example by shredding. Freedom of Information Act (2000) NI The Freedom Of Information Act gives people the right to ask any public body for information they have on any subject you choose. Also, unless theres a good reason, the organisation must provide the information within 20 working days. You can also ask for all the personal information it holds on you. The act applies to all public authorities including: †¢ government departments and the Northern Ireland Assembly †¢ local authorities †¢ health trusts, hospitals and doctors surgeries †¢ schools, colleges and universities †¢ publicly funded museums †¢ the police †¢ many other non-departmental public bodies, committees and advisory bodies Any person can make a request for information under the Act there is no restrictions on your age, nationality, or where you live. You can ask for any information at all but some information might be withheld to protect various interests which are allowed for by the Act. If this is the case, the public authority must tell you why they have withheld information. If you ask for information about yourself, then your request will be handled under the Data Protection Act; if you ask for information about other people (third parties), the Freedom of Information Act will apply. However, disclosure of personal information which would breach anyone elses rights under the Data Protection Act is not permitted.

Marketing And Entreprenship

Question: Discuss about theMarketing And Entreprenship. Answer: Introduction: The Marketing of Water Aid Water Aid is a global non-profit organization which was established in the year 1981 as a response to the United Nation International Drinking Water and Sanitation. It is a charitable trust which was set up by United Kingdom Water Industry on 21st of July 1981. The organization remunerate to all their staff fairly and to benchmark themselves against other non-governmental organizations. The Board of Trustees includes a Remuneration Committee that reviews the policies of the people regarding payments and benefits (Reid, 2009). The salaries of the Chief Executive and directors were set with the reference to market data per individual role. Therefore, from the above salary structure, it is quite clear that Water Aid is also making profits or else how could they afford to provide those salaries. By 1987, the income of the organization exceeded one million per annum. In 2005-2006, the account recorded an income of twenty six million. In 2011-12, it increased to fifty five million in Unite d Kingdom. The critical understanding of the marketing of Water Aid is to know the customers and their needs. It is important for the cheese industry to build beneficial relationships with potential clients. Water Aid visits and surveys different places in the world, jots down the issues and challenges the people are facing regarding water and sanitation. Then they applies their marketing methods to improve their lives. The organization also follows the marketing mix model. With the help of this model, they involves their marketing strategy such as setting cheap price for those who incomes and providing free delivery of clean water to poor people. The Use of Billabong to Customers The organization Billabong International Limited is a surfing company which provides the clients with retailing products such as surfing watches and backpacks, snowboard, skateboards and other products of famous brands. The particular organization is an Australian Company. Their key influence on marketing consists of factors such as customer laws and choice along with their ethical considerations. The marketing objectives of Billabong is to increase their market shares as well as enhance the satisfaction of the customers. Therefore, they provides their clients with full range of surfing products. Consequently, the customer gets satisfied with surfing games by using their products. Billabong launched a digital marketing campaign in July 28 in order to feature their surfing contests and microsite (Herran and Thomas, 2004). The company designed I Surf because by working with the boutique collaborative agency named Design Royale. They launched because of customer acquisition effort. The general target of the company is 12-25 years clients who perform surfing professionally and also as an adventure. Their primary business goal is to acquire new young customers and today youngsters are more inclined to surfing games. Consequently, Billabong is able to make relationships with their targeted customers. The organization is also providing their clients with online facilities such as www.isurfbecause.com. In this website, the fans are asked to post their comments why they want and also love to surf. There are also fan pages on Facebook and Twitter. In this way, the company is also connected with the customers. Expanding Income in Northern Islands of New Zealand by Wensleydale Creamery Wensleydale is a cheese company which produces and provides cheese in Wensleydale, North Yorkshire, England. Presently, the organization became the largest commercial creameries throughout the United Kingdom. In New Zealand, cheese continued to lead within diary industry in 2015 with twenty-two percent of dairy value sales (More Wensleydale, Gromit?, 2013). The people of New Zealand are very fond of cheese as well as cheese related products. Recently, the consumer demand and awareness of cheese have increased and as a result, the variants of cheese has also increased. The consumer demands increased because population increased and for that people need to enhance their livelihood through increased production. Therefore, Wensleydale Creamery has a great opportunity to extend their market and profit in North Islands of New Zealand. Wensleydale Creamery can follow the marketing mix to expand their profit in North Islands of New Zealand. The marketing mix or the four Ps consists of produc t, promotion, place and price. At first, the organization should make such cheese products by which they can fulfill the demands of the customers. Since New Zealand is famous for cheese and so the company must produce high-quality products to achieve competitive advantage. Secondly, the promotion process of this organization includes advertising, media marketing, and giving ads in newspapers and so on. Wensleydale Creamery is looking to expand their cheese market in North Islands of New Zealand. The prices should be made according to the currency value of New Zealand. If the products are good, then the consumers will be willing to pay a high price for good cheese products. Besides that, Gourmet Cheese is famous all over the world, so Wensleydale Creamery should manufacture it on North Islands of New Zealand (McCloy, 2008). The company should also provide the customers with online shopping facilities which will include varieties of buying options for cheese. For example, customers can buy cheese slices with other ingredients such as salad Caprese, olive oils, Spanish nuts and gourmet crackers. The company can also sell wine and cheese pairings along with featuring local artist or musician. Cheese are lovable to all, and so there is no particular market segmentation. But Wensleydale must keep one thing in mind that most of the youngsters and middle aged persons consume cheese in huge amount. In this way, Wensleydale Creamery can achieve their target market in North Islands of New Zealand. It is important for the company to make a marketing plan, SWOT analysis and cost effective marketing to grip the cheese market of New Zealand firmly because Evansdale C heese and Open Country Dairy has presently captured the market. Good strategies are required to accomplish the competitive advantage. It will be best for the company if they first run the business by creating joint ventures with local businesses to get manpower and quality resources. It is recommended to keep Wensleydale Creamerys original taste. The company can also install small stalls at the northern corners of New Zealand and sell cheese products. Consequently, it will help them to promote their brand. References Herran, J. and Thomas, R. (2004). Surfing. Philadelphia: Chelsea House. McCloy, N. (2008). Made in New Zealand. Auckland, N.Z.: Random House. More Wensleydale, Gromit?. (2013). BDJ, 215(1), pp.9-9. Reid, T. (2009). Biophysics: Water aid. Nature China.