Glossary of terms

See FOSS

When one has absolute title on a property

This is proprietary software made available free of charge

An unexpected or unintentional event that makes fulfilment of a contract impossible

A gangmaster is someone or some organisation which supplies workers to the agricultural and food-processing industries

A summons issued by a plaintiff, against a third party, for seizure of money or other assets which belong to the defendant

You may have experience as a plumber or fitter but the question is, are you allowed to connect water and gas pipes to a boiler?Common sense might suggest that a plumber or pipe fitter has the necessary skills to fit pipes whether they carry gas or water. Certainly, it would be more cost effective for one person to do the job rather than two. However, the Gas Safety (Installation and Use) Regulations 1998 prohibit any work on a gas fitting by anyone other than a competent fitter, and 'competence' in this context means that the person must be on the Gas Safe Register.The Regulations are wide, and cover removal, installation or reconnection of the gas fitting as well as disconnection, repair, alteration or renewal. Arguments have been put forward that the acid test comes when commissioning takes place; as this is a task that should be done by a Gas Safe registered plumber, they would be able to identify any shortcomings in the installation. Indeed, this may have been common practice in the industry several years ago, but today the Regulations make it clear that its definition of 'work' goes beyond the commissioning process.So if a plumber carries out work on a gas fitting, a boiler for example, it is not enough that the work is checked by a Gas Safe registered person before the boiler is put into service. Anyone who works on a gas fitting - even a qualified plumber or fitter - must be Gas Safe registered.The Health and Safety Executive has indicated that it will take a robust approach and prosecute persons who carry out any work on gas fittings if they are not Gas Safe registered. Although there may be some mitigation when considering the severity of the sentence if the work was checked before the boiler was commissioned, this will not be enough to avoid criminal liability. The result would be a hefty fine and could even extend to imprisonment.At Birkett Long we have assisted clients in advising on complying with the regulations and defending prosecutions by the Health and Safety Executive.

The EU General Data Protection Regulation (GDPR) comes into effect on 28 May 2018.Some of the changes, in particular the requirement for accountability, leave many businesses with a lot to do if they are to be sure of compliance. The GDPR introduces a number of new concepts and approaches, although many existing core Data Protection Directive principles will remain unchanged.The GDPR's provisions will affect organisations differently depending on the nature of their business. At Birkett Long, we would encourage IT, data and marketing managers to find out what impact the new regulations will have on how they collect and use data so that they avoid any nasty surprises.Our business team can help you understand the GDPR and its effect on your business. For more information about the regulations contact Tracey Dickens on 01206 217326 or [email protected]. Find out more about GDPR here.

This is useful in cases where an employer would otherwise be seen to be discriminatingb (such as an actress needing to be a woman)

General Public License (aka GPL) - it is a widely used free software license

This is an accounting concept which assumes that a company will continue to operate in the foreseeable future

This is a legal document which allows the person or persons named in it to collect in and distribute the estate

A legal document which confirms that the executor has the authority to deal with a deceased person's assets

According to data published by the Office for National Statistics (ONS), the number of people getting married and divorced aged 65 and over is on the up. For those ending their marriage, this demographic trend is often referred to as "grey divorce" - the term given to an increasing divorce rate for older couples in long-lasting marriages. In the press, married couples getting divorced in later life are commonly referred to as "silver splitters" or "silver separators".Why are more couples over 65 getting divorced?There are several reasons why the over-65s divorce rate is increasing, some of which are:Increased life expectancy - both men and women live longer now;The stigma of divorce has been reduced for post-war "baby boomers" that do not fear the taboo of divorce;People are working longer and are better able to support themselves financially;Women enjoy greater financial equality. More married women work and pursue their own careers, which enables them to be less financially dependent on their husbands who, in the past, were considered the breadwinners;The older generation benefits from increased social connections as more use the internet to interact with others and generally have more opportunities to meet potential new partners; andWhilst not taken into account by the above-detailed ONS>No-fault divorce for those over 65Earlier this year, no-fault divorce law was introduced in England and Wales, making it easier for married couples to dissolve their marriage without the need to apportion blame or rely on a period of separation.The age of the couple has no bearing whatsoever on the no-fault divorce process. The no-fault divorce process allows married couples, whatever their age, to file a divorce application in their sole name or jointly with their spouse based on the single fact that their marriage has broken down irretrievably.It is a three-stage process commencing with a divorce application, which can be submitted online, followed by a conditional divorce order application 20 weeks later and a final divorce application a further six weeks later.Provided the divorce is undisputed, the process currently takes around 8 months to complete although may take longer depending on how quickly the parties resolve their related financial matters.For more information on the no-fault divorce process please click here.What should older couples consider when getting divorced?Whilst the divorce process should be relatively straightforward, there are several important considerations older couples should bear in mind when getting divorced, such as:1. Financial provision on divorce for the over 65sThe Family Court has broad discretion when it comes to sorting out financial matters on divorce. Regardless of their age, spouses and former spouses have financial claims against one another for a share of the capital and pension assets and for income provision, otherwise known as spousal maintenance.In cases where the marriage has lasted a long time - probably many decades - the court will start from the assumption of equality, viewing each party as sharing equally the assets built up during the marriage. In most cases, this will encompass all assets held in their joint names and individually, including but not limited to the family home, other property, money in the bank, savings and investments, business assets and pensions (including those already in payment). Against the starting point of an equal division of assets, the court will cross-check the needs of both parties and depart from the principle of equal division if necessary.The family homeFor those aged over 65, it is not uncommon for the family home to be one of the most valuable assets available for division and for it to be owned mortgage-free.It is important for older couples to consider how their housing needs will be met following divorce. For many couples, this will involve selling the family home so that both parties can use the equity to purchase their own home unless there are other investment properties available to be divided between them. Careful thought should also be given to what will be a reduced mortgage capacity as older couples approach retirement.PensionsOlder couples must carefully consider their future income needs and retirement plans as they face different issues from their younger counterparts. It will be essential to obtain full, up-to-date and accurate values of all pension assets held by both parties and the benefits payable under all pension schemes, as well as their State Pension entitlements. For many couples divorcing in later life, there will be a need to ensure equality of income on retirement, which means a pension-sharing order may be required. It may also be necessary to appoint a pension divorce expert (otherwise known as a PODE) to prepare a report on pension issues, including calculations on how to share the pension assets to achieve a fair outcome. A detailed budget of the couple's monthly income and expenditure should be prepared as this will help ensure they have sufficient income in the years ahead.Other assetsAs well as the family home and pension assets, it is essential to consider how other capital assets, such as investment property, savings, investments, insurance policies and business assets will be divided.It will often be necessary to obtain advice from an independent financial adviser or accountant so that the tax implications of any proposed financial settlement on divorce are explored before the assets are divided.2. Wills and inheritance planning for the over 65sIt is important for anyone contemplating or going through a divorce to review their current will and update it, or to make a will if they do not already have one. This is because, under the normal rules of intestacy, your spouse will be considered your legal next of kin for inheritance purposes and will automatically inherit the bulk of your estate on death unless you have a will that says otherwise.Many people over 65 have already made a will. But when going through a divorce that will should be updated to ensure it still says what they want it to say considering their matrimonial difficulties. If their will has not been updated by the time the divorce is granted, they should do so as soon as possible afterwards. We always advise obtaining specialist inheritance planning advice that considers the tax implications of your financial goals.For more information on how we can help with the preparation of a new will on divorce and provide inheritance planning advice, please click here.3. Pre-nuptial and cohabitation agreements for the over 65sAs people live longer, it is not uncommon for silver splitters to enter a new relationship.Older couples who wish to remarry should consider having a pre-nuptial agreement drawn up to protect the assets and wealth they have brought into the new marriage by reason of their earlier divorce. For those who wish to simply live with their new partner outside of a married relationship, a cohabitation agreement will set out the terms of their arrangements. For example, the agreement could make it clear, if agreed, that the other party will have no claim over the property or assets brought into the relationship, such as the home they live in as a couple that has been purchased using funds from the earlier divorce settlement.If you are going through a difficult marital situation in later life and would like to discuss your legal options or any of the issues raised in this blog, please don't hesitate to get in touch.I offer a free 15-minute preliminary chat over the phone to explore how I can best help you. There is no obligation, and you can decide how you would like to proceed once you have learnt a little more about the legal process. Please email me at [email protected] or call me on 01206 217378.

This is the procedure under which an employee dissatisfied with a disciplinary decision can apply to a higher authority

An act by an employee which allows their employer to dismiss them instantly

Money that needs to be paid under leasehold

A secondary agreement by which one person promises to honour the debt of another if that debtor fails to pay

Someone who promises to pay money to creditors in case it isn't paid by a debtor

A person appointed to safeguard,protect and manage the interests of a child or mentally disabled person

A Guardian ad Litem, or Children's guardian, is a person who is appointed by the court to fairly and competently conduct proceedings on behalf of a child. They are appointed for children who are the subject of, and party to, certain types of family proceedings. They must have no interest in the proceedings adverse to that of the child. All steps and decisions the child's guardian takes in the proceedings, must be taken for the benefit of the child.There are some cases where the court must appoint a Guardian ad Litem, such as;applications by the local authority for a Care of Supervision Order (including interim orders)applications to discharge Care or Supervision Ordersapplications in relation to contact or living arrangements for a child who is subject to a Care Orderapplications for a placement order (adoption)appeals in relation to any of the aboveHowever, the court might also seek to make a child a party to proceedings in dealing with private law disputes between parents as to the arrangements for the child or other issues. These are likely to be difficult cases, such as, an intractable dispute as to residence or contact, where there are complex medical or mental health issues, international complexities or serious allegations of abuse, and the court feels that it would be in the best interests of the child to make them party to the proceedings. In these cases, when a child is made a party to the proceedings, then again the court must appoint a Guardian ad Litem, unless the child is considered to be of sufficient age and understanding to instruct a solicitor directly.

Property which is suitable and fit for a person to live in

The place of a person's home or residence

Unwanted conduct which offends someone's dignity at work