Pre-nuptial agreement meaning

This Checklist highlights principal actions and considerations for a tenant weighing up surrendering its lease to its landlord. It is not comprehensive, and you should always assess whether further matters arise that require attention in your specific situation, including any fact-specific risks or obligations. This guidance proceeds on the basis that the following apply: the surrender is by express agreement and not effected by operation of law, and no immediate re-grant in favour of the tenant will follow the surrender You can read this Checklist alongside Practice Note: Lease surrenders and Checklist Surrender of lease—acting for the landlord—checklist. How to use this Checklist Although the mechanics of a lease surrender broadly resemble a sale and purchase in commercial terms (the tenant effectively sells and the landlord buys), notable distinctions remain. The opening section (Key issues) identifies the main points for review, with additional explanation provided in the Procedure table below for handling a lease surrender, in more detail for...

This Checklist sets out the key points to consider when advising a prospective claimant on a potential breach of warranty claim arising from a share purchase agreement (SPA). The same broad approach will apply to an asset purchase agreement (APA). For additional guidance on breach of warranty claims, see the related content links on the right-hand side. Read this Checklist together with Practice Note: Starting an SPA breach of warranty claim—a practical guide... Action Comments Review the SPA Check the: governing/choice of law provisions — is the agreement governed by English law? jurisdiction provisions — do the English courts have jurisdiction? warranty provisions and warranty limitation provisions — does the issue fall within the warranties and are you within the time limit to bring a breach of warranty claim? Note all deadlines in the agreement that could be relevant to any potential warranty claim... Review the disclosure letter Confirm that the issue has not been disclosed against...

General checklist What follows is a checklist highlighting matters that a solicitor representing a company’s administrator (and, in some pre-appointment cases, the directors/company) disposing of a business and its assets ought to bear in mind when preparing a sale and purchase agreement (the Agreement). This checklist is suitable for both pre-pack scenarios and sales of the business and/or assets completed after administrators are in office. It is not comprehensive and, depending on the nature of the business, numerous additional points may arise. For further detail, see: Sale and Purchase of Assets—overview and Pre-packs—overview. We also, at points, refer to seeking information from the directors. That will not invariably be feasible, eg where the situation is hostile. Accordingly, if the directors are engaged, they should be able to provide the information and will often be best placed to do so; however, where the position is hostile, or if you act solely for the administrators, any enquiries should be directed to the administrators, or at least channelled via them to the...

This Checklist supports the preparation of terms and conditions for the sale of goods. It highlights key points when producing standard B2B terms or a goods sale agreement. It covers legal, regulatory and practical aspects of selling and supplying goods and is written from a seller/supplier perspective. For general guidance on contracts for the sale of goods, see Practice Notes: Contracts for the sale and supply of goods—business to business and Implied terms in contracts for goods and services. For broader guidance on key provisions in commercial contracts, see Practice Note: Key terms and conditions in commercial contracts. General considerations Engage with departmental stakeholders to identify concerns and gather customer feedback that should be addressed in the terms. Map how goods will be provided and any back-end processes, eg delivery or returns, that need to be reflected in the terms. Check for pre-existing commitments, such as restrictive covenants or exclusive sale or purchasing arrangements, that could prevent a bespoke supply contract...

In this issue: Brexit headlines Constitutional and administrative law Equality and human rights Judicial review Public procurement Subsidy control and State aid Information law Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines Court of Appeal restricts education-based residence right under UK-EU Withdrawal Agreement—R (Ayoola) v Home Secretary In R (Ayoola) v SSHD [2025] EWCA Civ 1519, the Court of Appeal held that Articles 24(2) and 25(2) of the Withdrawal Agreement do not confer fresh residence entitlements; they merely safeguard education‑linked derivative residence rights that existed before withdrawal from the EU. Specifically, children of EU nationals had residence rights under Article 12 of Regulation 1612/68 (later Article 10 of Regulation 492/2011). Their third‑country national parents held residence rights only where their presence was required for the child. CJEU case law acknowledged and reinforced those derivative entitlements. Nonetheless,...

In this issue: Key developments and horizon scanning Leasing property Environment, energy and buildings Statutory compliance Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Snapshot of key property developments to look out for in 2025 We deliver a concise overview of several significant property developments to watch for in 2025. See News Analysis: Snapshot of key property developments to look out for in 2025. Leasing property Electronic Communications Code and assignment of pre-28 December 2017 licence agreement AP Wireless II (UK) Ltd v ON Tower UK Ltd [2024] UKUT 429 (LC) was an appeal to the Upper Tribunal (Lands Chamber) (the UT) from a First-tier Tribunal (FTT) decision concerning how the Electronic Communications Code (Code) should be interpreted. The central question was whether an assignee of a Code licence...

In this issue: Probate Elderly and vulnerable clients Spouses, civil partners and cohabitants UK taxes for Private Client HMRC Manuals updates Budgets and Finance Bills Digital assets and cryptoassets International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Court Funds Office reduces special and basic accounts interest rate Effective 12 June 2024, the Court Funds Office lowered interest across special and basic accounts. Rates on special accounts shifted from 6.00% to 5.25%, while basic accounts dropped from 5.00% to 3.94%. See LNB News 16/07/2024 55. For a roundup of key rates relevant to Private Client work, refer to Practice Note: Key interest rates—Private Client. Elderly and vulnerable clients Discrimination challenge over social care charging policy (R (YVR (a...

This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all from WongPartnership LLP, Singapore. The seventh edition of the SIAC Rules took effect on 1 January 2025 and can be accessed here. This note addresses how to initiate arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (the 2025 SIAC Rules). Please note that Singapore judgments mentioned in this Practice Note are not reported by LexisNexis® UK. Prior to commencing an arbitration Before beginning an arbitration, there must be a ‘dispute’ that is capable of referral to arbitration. At the outset, assess whether an arbitration agreement exists and whether there is a ‘dispute’ that may properly be referred to arbitration. Consider as well any additional jurisdictional objections a respondent might advance. The following matters should be reviewed prior to starting any arbitration (among others):...

Statutory paid holiday In Great Britain, workers have a legal entitlement to 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. It should be recognised from the start that this is made up of two components: a core entitlement of four weeks’ paid annual leave (often called ‘Euro leave’) (WTR 1998, SI 1998/1833, reg 13), and an extra 1.6 weeks’ paid annual leave (WTR 1998, SI 1998/1833, reg 13A) Different rules apply to irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For further details, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations (Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland—Working Time Regulations and holidays. The basic four-week entitlement reflects the UK’s implementation of the EU minimum in Article 7 of Directive 2003/88/EC (the Working Time Directive),...

ARCHIVED : This archived Practice Note was prepared with reference to the earlier/old Electronic Communications Code (the previous Code) and addresses the distinctions between the general and special regimes under that earlier Code; however, its substance still bears on the transitional provisions contained in the new Code and therefore remains pertinent. It is not maintained and is provided solely as background information. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) took legal effect on 28 December 2017 and is now in force. The transitional provisions in the new Code, found in Schedule 2 to the Digital Economy Act 2017, state that although subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) continue to operate as an agreement under the new Code, they are subject to modifications, as necessary, including, in particular, regarding termination for certain subsisting agreements. Those transitional provisions also safeguard the operator’s or...

This Agreement dates from [ insert day ] of [ insert month ] 20[ insert year ] Parties 1 [ Insert full name and address of individual or company name, number and address of registered office ] ( Party A ) 2 [ Insert full name and address of individual or company name, number and address of registered office ] ( Party B ) each a ‘Party’ and jointly the ‘Parties’ The Parties agree: 1 Definitions and interpretation Dispute • denotes any claim stemming from or relating directly to [ Insert description of the dispute/circumstances giving rise to the dispute ]. Proceedings • signifies any court proceedings within England and Wales, plus also any arbitration concerning the Dispute. Period of Extension • denotes the duration that starts on the date of this Agreement and runs until it is ended in accordance with clause 3. Extension Date • signifies the date upon which the Period...

STOP PRESS: THE NEW ELECTRONIC COMMUNICATIONS CODE CAME INTO FORCE ON 28 DECEMBER 2017. This precedent was prepared against the backdrop of the former Code, and its substance may still be pertinent for the transitional arrangements contained in the new Code. It remains useful context. The transitional arrangements in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, state that existing agreements under the former Code (ie an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the former Code) will continue to have effect once the new Code commences, albeit with certain modifications. For added detail on the transitional arrangements, see: New Electronic Communications Code—Code rights—Transitional provisions (Schedule 2 DEA 2017). For further information regarding the new Code, please consult Practice Notes: New Electronic Communications Code—Code rights and New Electronic Communications Code—terminating and modifying Code rights. The City of London Law Society published a new Digital Fixed Line Infrastructure Agreement for the New Electronic Communications...

This Agreement is dated [ insert day and month ] 20[ insert year ] Parties [ insert name of selling corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ], with number [ insert company number ], whose registered office is at [ insert address ] (Seller) [ insert name of purchasing corporate entity ], a company registered in [ England and Wales OR [ insert country of incorporation ] ], with number [ insert company number ], whose registered office is at [ insert address ] (Buyer) [ Insert name of guarantor entity ], incorporated in [ England and Wales OR [ insert country of incorporation ] ], with number [ insert company number ], whose registered office is at [ insert address ] (Guarantor) [ Each of the Seller, the Buyer and the Guarantor is a Party and, collectively, the Seller, the Buyer and the Guarantor are the Parties. ]...

Section 38 agreements These agreements fall under section 38 of the Highways Act 1980; refer to Practice Note: Highways—adoption agreements. There is no statutory route by which agreements can be ended or ‘cancelled’. However, a section 38 agreement may, in principle, be altered by a deed of variation, but this requires consent of all parties to the original agreement...

Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 33(2) defines a framework agreement as: Regulation 33(2) of the Public Contracts Regulations 2015 (SI 2015/102) describes a framework agreement as an arrangement between one or more contracting authorities and one or more economic operators, intended to set the terms that will govern contracts awarded over a specified period, notably concerning price and, where appropriate, the quantities anticipated. The Crown Commercial Service (CCS) guidance interprets a framework agreement as a broad term for arrangements with providers that lay down the terms and conditions under which agreements for specific purchases—referred to as call-off contracts—can be put in place throughout the life of the agreement...

Form LTBT1 Form LTBT1 is prescribed by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096 (the Order). Where the parties intend to contract out of, or exclude, sections 24–28 of the Landlord and Tenant Act 1954 (LTA 1954), the Order stipulates that particular steps must be completed before any such agreement is concluded. Landlords frequently seek the flexibility of a contracted‑out lease, as it allows the tenancy to end on expiry of the term without the tenant acquiring a right to a new lease. Under the LTA 1954, the former position required court approval for a contracted‑out arrangement (the Pre‑2004 Procedure). The Order replaced that regime with a new process that obliges the landlord to serve a warning notice in, or in a form substantially similar to, that set out in SI 2003/3096. This notice must be given before the lease is granted or, if the parties propose to enter into an agreement for lease, before that agreement is made, because the tenant must receive...