Nuptial agreements – frequently asked questions

Third in our series looking at frequently asked Family Law questions is nuptial agreements, both prenuptial (prenup) and the less-common postnuptial agreement (postnup). Nuptial agreements continue to gain in popularity having only been considered legally enforceable in England and Wales since the 2010 test case of Radmacher v Granatino.

But what are some of the top questions our Family Law department are frequently asked about nuptial agreements? Get the lowdown in this article.

What is a nuptial agreement? What is the difference between a pre-nuptial agreement and a post-nuptial agreement?

A nuptial agreement is a written contract usually entered into before marriage (pre-nuptial agreement), it can also be entered after the marriage (post-nuptial agreement). A post-nuptial agreement is what is needed when the parties didn’t enter into a pre-nuptial agreement before getting married. Normally, the parties have no intention of separating or getting a divorce when they enter into a nuptial agreement. A nuptial agreement sets out the ownership of the pre-marriage assets and determines how the parties’ assets should be divided in the event of a divorce or separation and it also seeks to regulate their financial affairs during the relationship.

What is a separation agreement?

Unlike nuptial agreements, a separation agreement is made at the end of a relationship when separation has become a reality. It sets out what the parties intend to happen to their assets, their agreement to live apart, arrangements for any child and other practical matters as a consequence of their current or planned separation. It should be noted that the agreement reached between the parties regarding their financial division is not legally binding and is not legally enforceable, i.e. a Court cannot enforce it if there are any issues or disputes later, therefore, even if an agreement can be reached between the parties, it is advisable to obtain a Consent Order to get a clean break between them.

What is the purpose of a nuptial agreement?

The purpose of a nuptial agreement is to promote and encourage marriage rather than to facilitate its breakdown. That is because one of the main purposes of having such an agreement is so that the parties can reach an agreement in advance to record their respective and mutual intentions in the event of divorce on the basis of what each believes to be a fair outcome and avoid having to engage in litigation to resolve any financial claims they may have against one another.

When do you recommend having a nuptial agreement?

A prenuptial agreement is generally recommended if:

1) one party is much wealthier (substantially greater capital or income) than the other party, which could be because he/she has a much higher income; or

2) if one party want to retain and protect their pre-marriage assets, such as an inheritance from their family, or their family business; or

3) to define what is considered to be ‘matrimonial property’ or ‘non-matrimonial property’, for example in relation to business assets owned by one of you; 4) to protect assets/interests that were generated by their sole effort. It can also be beneficial in the case of a second marriage or if you have children from the previous marriage to protect assets for the purposes of inheritance planning.

What is the legal status of nuptial agreements in England and Wales?

Generally speaking, nuptial agreements cannot override the Court’s ability in deciding how your finances should be divided in a divorce. In a Supreme Court decision in 2010 (Radmacher v Granatino), the Court said, ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.

How to ensure the nuptial agreement is entered into in the right way?

The agreement must be freely entered into of each party’s own free will, both parties must have a full appreciation of the implications of the agreement, and the terms of the agreement must be substantially fair. Before entering into such an agreement, the parties should each obtain independent legal advice.

Both parties should also fully and frankly disclose their financial situations to each other, this includes listing out all the assets/properties they both own. Additionally, the agreement should seek to regulate pre-marital acquired assets, jointly acquired assets and interests of children etc. Also, if it is a pre-nuptial agreement, it should be finalized at least 28 days before the wedding, to give both parties enough time to consider the terms.

What can you include in a nuptial agreement?

A nuptial agreement is a bespoke document tailored to cater for both parties’ particular circumstances. You are able to include almost anything in the nuptial agreement, some examples of what you can include in the nuptial agreement are set out below:

a) What will happen to the property that either of you brought into the marriage (i.e., pre-marriage asset);

b)What will happen to the family home;

c) What will happen to any property given to you or inherited during the marriage or any income or assets derived from trusts;

d) What will happen to money held in joint accounts and any property purchased jointly etc. There are more provisions that are included in the nuptial agreement. Please consult us and we will be able to advise you based on your circumstances.

How much do you charge for a nuptial agreement?

Our fees start from £1500+VAT for a simple nuptial agreement, we might charge more depending on the complexity of the terms.

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Welcome Goldie

We are delighted to welcome back Goldie Teoh, who re-joins us as a Solicitor in the conveyancing department. Goldie brings a wealth of legal experience to Lisa’s Law, and we are very pleased to have her back.

Goldie is a qualified solicitor in England and Wales (having completed her training contract with Lisa’s Law in 2018). She has a wealth of experience advising on commercial transactions as well as acting in both residential and commercial conveyancing matters.

In terms of conveyancing, Goldie has considerable experience representing high net worth individuals in purchasing new build/off plan properties. In this regard, Goldie has travelled to East Asia, including China, Hong Kong and Singapore for international property launches by UK developers. Goldie therefore has experience in meeting and providing potential clients with legal advice of purchasing properties in England. Goldie is also proficient in secondary market purchases and disposal of residential/commercial properties.

In addition, Goldie has experience as an in-house solicitor within a start-up property finance business where she advised on (unregulated) lending matters and any other legal issues that impacted the business.

Goldie is fluent in English, Mandarin, Malay and Hakka.

Have questions about this article? Get in touch today!

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Discretionary leave to remain – Home Office grants leave for trafficking survivors with a pending asylum claim

By Zhuoqi Li

The Home Office has updated its caseworker guidance on Discretionary Leave to Remain. The new version of the guidance has provisions that allow acknowledged victims of trafficking to be granted leave if they have an ongoing asylum claim related to their trafficking.

Discretionary leave to remain relates to permission to stay outside of the UK immigration rules. This is often granted on the basis of exceptional or compassionate grounds. From 30 January 2023, based on the requirements in Section 65 of the Nationality and Borders Act 2022, victims of human trafficking, slavery, servitude, and forced and compulsory labour who are conclusively recognised as such by the National Referral Mechanism (NRM) may be eligible for temporary permission to stay.

This criterion includes giving the individual the opportunity to cooperate with a public authority during an investigation or criminal proceedings related to the relevant exploitation, helping the individual recover from any physical or psychological harm caused by the relevant exploitation, and offering the individual the opportunity to seek compensation for the relevant exploitation. This route is available throughout the UK.

Keep reading to learn more about the changes to the caseworker guidance for discretionary leave to remain.

What was the background case for this decision?

This implements the Court of Appeal’s findings in EOG & KTT v SSHD [2022] EWCA Civ 307:

“KTT, who is a Vietnamese national, was at the relevant time a confirmed victim of trafficking: that is, she had received a positive conclusive grounds decision. She had also made a claim for asylum based on the risk of being re-trafficked if she were returned to Vietnam. Her complaint is that the policy should have provided for the grant of leave to remain pending a decision on her asylum claim.”

In the case EOG & KTT v. SSHD [2022] EWCA Civ 307, referred to as “KTT,” the Court of Appeal held that the Home Office’s handling of requests for Modern Slavery Discretionary Leave did not comply with Article 14 (1)(a) of the ECAT (which the policy was found to commit to implementing). States are required to determine whether the victim’s “stay is necessary owing to their particular situation” under ECAT’s Article 14(1)(a). The court determined that in order to pursue an asylum claim, a confirmed victim of trafficking with an unresolved asylum claim also related to trafficking needs to be given consideration for leave to remain in the UK. The reason for this is that their “stay in the UK is necessary” due to their unique situation as a victim of trafficking.

Further clarification on the definition of when an asylum or protection claim is related to trafficking was provided in the Upper Tribunal decision of SSA (Ethiopia) v. Secretary of State for the Home Department [2023]. According to the Upper Tribunal, in order for a person to qualify for leave to remain under the KTT judgement, their pending asylum or protection petition must be “in a major part” based on a fear or risk of being trafficked again.

Pre-30 January 2023 modern slavery (including human trafficking) cases

But what about modern slavery cases from before 30^th January 2023? Individuals who, prior to January 30, 2023, had both a positive conclusive grounds decision and made an asylum claim or other submissions based in large part on a claim of a well-founded fear of re-trafficking or a real risk of serious harm due to re-trafficking that had not yet been finally determined, were potentially eligible for discretionary leave. This is the case even if their leave applications had been approved under Home Office policies at the time.

When the Home Office make a decision on a claim that is related to trafficking (even if that decision may be to reject that element of the claim), it means that the claim is related to a well-founded fear of being trafficked again or the risk of suffering serious harm because of being trafficked again on return.

Eligibility of Discretionary Leave

Please note that a claim will not be considered trafficking-related and discretionary leave cannot be granted if a person just mentions their past involvement in trafficking incidentally and fails to express any fear or risk of re-trafficking in any portion of their claim.

Discretionary leave will not be considered on these grounds if the individual:

already has permission to remain in the UK, including permission to apply for Modern Slavery Discretionary Leave
has had their asylum claim found to be inadmissible under the applicable Immigration Rules
has had their asylum claim or further submissions rejected, and their right to appeal are exhausted
received a Modern Slavery Discretionary Leave refusal prior to the KTT judgement
falls to be refused discretionary leave under Part 9 of the Immigration Rules
is subject to deportation proceedings

Duration of Discretionary Leave

Those who are given discretionary leave on this basis should usually be entitled to 12 months leave. Persons are only qualified for discretionary leave under this basis pending the outcome of their application for asylum or other submissions. This implies that their leave must be modified or restricted once the outcome of their asylum requests or other submissions.

If the asylum decision results in the granting of protection status, the person’s leave must be varied to become a refugee or receive humanitarian protection leave for applications submitted before June 28, 2022, or permission to remain on a protection route for applications submitted on or after June 28, 2022.

When an individual receives a family/private life or discretionary leave but their application for asylum is refused for another reason, their discretionary leave must also be modified.

If there are no pending applications and the asylum decision is a refusal with an appeal right outside the country or no appeals right, arrangements must be made for the person’s leave to be restricted. If the appeal rights have been exhausted, curtailment action must be planned if the asylum judgement is a refusal with an in-country right of appeal, or leave to remain must be varied if the appeal is permitted and leave to remain is granted.

Have questions about this article? Get in touch today!

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March 24, 2023
Family, Family Law, FAQs

Divorce Financial Settlement – Frequently Asked Questions

This article is the second in a series of family law blogs focusing on questions our family law team are frequently asked. Today, we will focus on divorce financial settlement. Keep reading to learn more about some of the most frequently asked questions when it comes to divorce financial settlement.

Do I need to divide the matrimonial assets in a divorce?

Once you start your divorce, it is advisable to deal with your financial matter at the same time to avoid unexpected claims from your former spouse in the future. If you are able to reach a mutually acceptable agreement on the finance division, you may wish to apply to the Court to endorse your agreement in order to obtain a clean break. This can be achieved by applying for a Consent Order.

When filing a Consent Order, the Court requires full and frank disclosure of your assets, liabilities and income from the both of you to ensure that your agreement is fair. It is important to note that a Consent Order for divorce can only be applied once the Conditional Order is made. If you and your spouse are unable to agree on the terms, you can negotiate with the help of solicitors, attend mediation or apply for a financial order in Court. Please note that the Court will not make a binding financial order unless you or the respondent ask it to, or unless your separate financial court proceedings have reached a conclusion.

Can I just sign a divorce financial agreement with my spouse without getting a financial order from Court?

The agreement reached between the parties regarding their financial division is not legally binding and is not legally enforceable, i.e. a Court cannot enforce it if there are any issues or disputes later. When one party seeks to resile from such agreements, they can make an application to the Court for a financial order, which might or might not be made according to the terms of the original agreement. This is because, under the Laws of England and Wales, it is not possible, at the end of a Financial Agreement, to exclude the jurisdiction of the Court to make orders.

Generally, if the agreement was reached properly and fairly with competent legal advice, the agreement should be upheld by the Court, but the Court has discretion. Therefore, even if an agreement can be reached between the parties, it is advisable to obtain a Consent Order to get a clean break between them.

What does financial disclosure mean?

The process of financial disclosure in a divorce is where you will give full details of your personal financial position, resources, and future needs, e.g. value of the property, savings balance, pension valuation etc. In order for the Court to make a binding financial order regarding your financial arrangements on divorce, both you and your spouse must file a financial disclosure form with the Court and serve it on the other party. You have a duty to provide full and frank disclosure of your financial circumstances and any other relevant information.

What are the factors affecting the Court’s discretion when making an order about your financial arrangements?

It is important to note that the factors considered by the Court are not absolute and will depend on the circumstances of your case. The primary consideration of the Court is the needs and welfare of the minor children, in particular the children’s housing needs.

The Court will also consider the following factors:

1) Each party’s income, earning capacity, property and other financial resources, either available now or in the foreseeable future;

2) The financial needs of the parties, such as accommodation needs, income needs, debt repayment needs, etc;

3) The age of both parties, as age will normally affect borrowing capacity and how easy it would be for either party to retrain or re-enter work and become financially independent etc;

4) The length of the marriage, the longer the marriage the greater the degree of financial dependence on each other;

5) The standard of living prior to the breakdown of the marriage;

6) Any physical or mental disability of either party, as it will affect the earning ability;

7) Contributions made to the family and;

8) Loss of chance to acquire any benefits as a result of the divorce.

It is important to note that parties’ behaviours such as adultery, domestic violence, etc will generally be disregarded.

How much do you charge for a divorce financial settlement?

It depends on whether you and your spouse are able to reach an agreement. We charge at an hourly rate of £300+VAT. How much you would end up paying in total depends on how much time we will need to spend on your case. If you and your spouse can agree on the terms and choose to file a Consent Order, our fees will depend on the complexity of the terms and conditions, and will generally start from £2000+VAT. If you and your spouse choose to enter into a Nuptial Agreement, our fees will depend on the complexity of the terms and will start at around £1500+VAT, please note such an agreement cannot achieve a clean break.

If you and your spouse cannot agree on how to divide the assets then it becomes contentious. In this case we will charge at an hourly rate of £300+VAT. A contested financial proceeding generally involves 3 hearings. Prior to each hearing, the Court will give directions as to trial materials and we will advise you of our fees in advance of each hearing. Our fees will start at £10,000-£15,000 for contested financial proceedings. In addition, there are court fees and barrister fees, which can be in the region of £6,000-£8,000, depending on the level of experience of the barrister.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Welcome Zhuoqui and Charlotte!

We are delighted to continue to expand as a company by welcoming two new staff members to the firm. Both Zhuoqi and Charlotte have joined the company as legal assistants, and we are excited to see them contribute and progress with Lisa’s Law.

Welcome Zhuoqi

Firstly, are very pleased to welcome our newest legal assistant, Zhuoqi Li, to Lisa’s Law. Zhuoqi has joined the immigration department and has already made an excellent impression on her colleagues.

Despite being raised until the age of 12 in China, Zhuoqi lived in Romania for three years, eventually coming to the UK in September 2013. She speaks native Mandarin and fluent English. Zhuoqi also understands Cantonese on a very basic level as a result of meeting Cantonese speakers in the UK.

Zhuoqi obtained a LLB degree in 2019 and is due to complete her LPC course this summer. She worked as a marketing manager in her previous workplace, highlighting her diversity of knowledge. She likes to hang out with her friends after work as most of her friends are based in the UK.

In terms of her other interests, Zhuoqi loves singing and online gaming. Her dream is to be qualified within the next 5 years as a solicitor.

Welcome Charlotte

We are also delighted to welcome Charlotte Cheng, who like Zhuoqi, joins us a legal assistant in the immigration department.

Charlotte is an international business graduate and has developed proficiency in immigration law, having worked as an account executive and contract paralegal at other law firms. She also worked as a freelance digital marketer, further expanding her skillset.

Charlotte is multilingual, with fluency in a range of languages including Cantonese, Mandarin and English. This enables her to communicate with a wide variety of clients.

We look forward to seeing her progress with Lisa’s law.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Asylum backlog at record levels – is now the time to make discretionary leave applications to the Home Office?

The number of asylum seekers waiting for a decision on their case has soared to record levels over the years with almost 75,000 claims in 2022 alone. The asylum backlog of claims has grown substantively by almost 10 times since December 2010. Clearly, dealing with the huge backlog is a priority for the Home Office, as well as the UK government at large.

Recently, the Home Office have announced that they intend to fast track asylum claims made by those that have come to the United Kingdom from Afghanistan, Eritrea, Libya, Syria and Yemen. The Home Office will be sending 10-page Home Office questionnaires and deciding claims without face-to face interviews. They hope that this will help to decrease the huge backlog of around 166,000 claims.

On 7^th March 2023, the Home Secretary announced the new proposed Illegal Migration Bill with the intention of stopping illegal entry to the UK. If passed, this will surely decrease the number of asylum claims every year and allow the Home Office to deal with the backlog.

More details about the Illegal Migration Bill can be found in our full breakdown here.

Our thoughts

With the need for the Home Office to reduce the backlog of claims, this raises the question of whether it is a good time for those in the UK without status to make an application for discretionary leave?

There are many who are residing in the UK who have children who have been living in the UK for less than 7 years. They are attending school and have fully integrated into the UK. There are also many who have been living in the UK for many years but under the 20 years requirement to make an application under article 8 – private life.

They not only suffer hardship due to immigration hostile environment, but there is also a significant cost to the taxpayer due to the Home Office’s ever-increasing workload.

Rather than using taxpayers’ money in conducting reporting events, providing NASS support, and many other costs, for those who realistically cannot be removed as they almost meet the requirements, would it not be better to grant discretionary leave, allowing many to work and contribute to UK Society earlier?

I have no doubt that this will reduce cost to the Home Office long term and will help clear the number of migrants in the UK who remain illegally. Of course, if there is an internal policy regarding this it is unlikely to be publicised however in view of the recent actions made by the Home Office perhaps it is now a wise time to make an application based on discretion.

If you are in the UK without leave, and wish to discuss options available, and in particular whether discretionary leave could be worth an attempt then please get in touch.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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March 17, 2023
Family, Family Law, FAQs

Divorce – what are some of the questions we are frequently asked?

This article will be part of a series of Family Law blogs focusing on questions our Family law team are frequently asked. Today, we will focus on divorce procedure itself, and some of the common issues facing those seeking to apply for divorce.

Keep reading to learn more about divorce procedure.

Can I divorce in England if I married abroad (outside the UK)?

In general, in England and Wales, the Court requires the marriage to have been validly conducted in accordance with the laws of the country in which the marriage took place. If it is, it will then be largely considered a valid marriage under English law. Therefore, you can still apply for a divorce in England provided that certain criteria regarding domicile are satisfied. English courts have jurisdiction to hear a divorce application if both you and your spouse are or one of you is domiciled or habitually resident in England and Wales.

How long does it take to get a divorce in England and Wales?

What stages and timeframes are involved in the divorce process?

The process is simple as long as your spouse does not dispute the proceedings. 1) To start a divorce, we (on your behalf) will need to file an application with the Court. After the Court has issued your divorce application, the Court will send the application to the respondent, where the respondent has to say whether or not they intend to dispute the divorce. 3) Applying for the Conditional Order, the application for such an order cannot be submitted to the Court unless 20 weeks have elapsed from the start of proceedings. 4) Applying for the Final Order, you will have to wait a further six weeks after the date of the conditional order to apply for the final divorce order.

The overall timeframe for divorce proceedings is around 10 to 12 months. This can vary depending on the current timescales and workload of the Court. Please note that financial and children arrangements may delay the process further.

Can I get divorced if my spouse is missing?

In short, yes, but several essential steps need to be taken to show the Court that you have tried your best to find your spouse. Firstly, when filing a divorce application with the Court, the applicant must include the address and personal details of the divorcing spouse. If you do not know where your spouse currently lives but your spouse is still in the UK, an investigator can be engaged to carry out a search before the divorce application submission.

Further, the Court is unlikely to grant a divorce unless you have proved to them that your spouse has been served with the divorce application. Therefore, after the divorce case has been issued by the Court, additional services from a process server might be necessary as the divorce documents will need to be hand-delivered to your spouse’s address. This also means that additional time and fees will be incurred.

Can I file a divorce application if my Marriage Certificate is missing?

If both of you got married in England, you will be able to order the Marriage Certificate online and get it delivered to you or us. However, if you got married in another country, you will need to contact the local Marriage Registry so that they can reissue the Marriage Certificate. It is difficult to apply for a divorce if you do not have an original copy of the Marriage Certificate. If the Marriage Registry cannot reissue the Marriage Certificate, we can file an additional application to the Court, but the Court has discretion as to whether to proceed with the divorce application without the original Marriage Certificate. This also means that additional time and fees will be incurred.

How much do you charge for a non-contentious divorce?

Normally, our legal fee for a simple divorce is £750 plus VAT, provided that both you and your spouse consent to the divorce application including all the grounds stated within, that there is no dispute on property and children arrangement and that there will be no undue delay by your spouse on this matter. You would also have to pay the court fee which is £593. The marriage certificate translation fee is £100 plus VAT (if the marriage certificate is in Chinese). Financial or children arrangements legal processes are completely separate from the divorce itself. We charge separately for financial division and child arrangement matters.

That’s it for today’s article on divorce procedure. Join us next week for part 2 of our Family Law frequently asked question series, when we will be covering matrimonial financial settlement.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Expansion Worker Visa granted to Australian wine company within 24 hours

By Lily Dai

We recently dealt with a private limited company which was incorporated in Australia and specialises in brewing and producing bacteria–free red wine. In 2018, our client manufactured its first batch of wine. The wine achieved many sales and had a lot of success when it first launched locally in Australia. As a result of its rapid expansion, it was eager to open up the Europe market by establishing its first presence in the UK.

To implement the expansion plan, our client instructed us to apply for an expansion worker sponsorship licence for the business and also an expansion worker visa for its authorising officer. Following on the success of obtaining an expansion sponsor licence under the Global Business Mobility – UK Expansion Worker route, we submitted the application of an expansion worker visa for its identified authorising officer who is based in China.

Expansion worker visa received quickly

The application was submitted using standard service, which according to the UK Government website will normally take around 8 weeks to get a decision. Remarkably, the authorising officer received the result of being granted expansion worker visa within 24 hours after the submission.

We are proud that our client received a successful outcome in such a quick manner. The most important reason for this is that we made sure that all the criteria were met, and that the application was completed before being submit, so that the odds of a quick and positive result are significantly improved. We are also dedicated to offer assistance to more clients who want to expand their existing overseas business in the UK via this route. We wish our client the best of luck with their wine business in the UK.

The Expansion Worker Visa presents an excellent opportunity for businesses looking to grow their business in the UK. Read more about the expansion worker visa by reading our full breakdown here.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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Illegal entrants to be prevented from claiming asylum under Illegal Migration Bill announced by Home Office

On 7^th March, the Home Secretary announced her plan to stop illegal migration to the UK by preventing those who enter the United Kingdom from claiming asylum. The Illegal Migration Bill proposes that all that enter the UK ‘illegally’ (often by crossing the Channel in a small boat) will be detained and then removed to their home country or another safe third country, namely Rwanda.

The Home Secretary has stated that the rationale behind the bill is as follows:

“The British people rightly expect us to solve this crisis and that’s what myself and the Prime Minister fully intend to do. We must stop the boats. It is completely unfair that people who travel through a string of safe countries then come to the UK illegally and abuse our asylum laws to avoid removal.”

“It has to stop. By bringing in new laws, I am making it absolutely clear that the only route to the UK is a safe and legal route. If you come here illegally, you won’t be able to claim asylum or build a life here. You will not be allowed to stay. You will be returned home if safe, or to a safe third country like Rwanda. It’s the only way to prevent people risking their lives and paying criminals thousands of pounds to get here.”

The arrival of this legislation follows the five key priorities outlined by the Prime Minister earlier this year. Pledge number five was to stop the small boats from crossing the channel and enter the UK. Notably, the PM’s lectern was emblazoned with the simple slogan of “Stop the Boats” at his press conference following the announcement of the new policy.

But what will the details of the plan involve?

Illegal migrants will be detained for 28 days during which they will not be able to lodge bail applications, or application for Judicial Review. Those who have exceptional circumstances and face risk will have a maximum of 45 days to remain in the UK until their appeal rights are exhausted.

Some of the other measures proposed in the Bill are:

Duty to make arrangements for removal – the Home Secretary will have a legal duty to remove people who have entered the UK illegally.
Entry, citizenship and settlement – people who come to the UK illegally will be prevented from settling in the country and will face a permanent ban from returning.
Asylum – people who come here illegally will have their asylum claims deemed inadmissible and considered in a safe third country.
Modern slavery – modern slavery referrals for those who come to the UK illegally will be disqualified under public order grounds under the terms of the international anti-trafficking treaty, ECAT.
Legal proceedings – limiting the circumstances in which legal challenges will prevent someone from being removed from the UK. Most legal challenges will be considered when someone has been successfully removed from the UK.
Expanding the list of countries that are considered safe in law – this will make it unquestionably clear when someone doesn’t need our protection because they are obviously not at risk of persecution in their home country.

Our thoughts

The Home Office believe that the above measures will prevent people from risking their lives in their dangerous routes to the UK, as well as stop criminal gangs from profiting from the asylum system. Of course, it is worth remembering that the decision by the government to introduce these measures are politically motivated. Conservative voters on the whole are much more likely to be in favour of reducing immigration, a hugely important factor in deciding policy for a party ahead of the upcoming May local elections and likely general election next year.

These proposals thus far appear to be impractical. A claim for asylum and those who are a victim of trafficking often involve complex issues that cannot be practically investigated within 28 days. We do not see how the Home Office will be able to practically conduct this plan. To date, not a single migrant is yet to be sent to Rwanda under their previous proposal which shows that such plans can be very difficult, if at all possible to be implemented.

There is also the question of whether the bill is compatible with the European Court of Human Rights. Indeed, the government looks set for a collision course with the legal body over the proposals, with the Home Secretary herself writing to Conservative MPs to say that there is “more than a 50% chance” that the legislation is not compatible with the ECHR. Time will tell whether this is the case.

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Mortgage Application Guide – Avoiding Money Laundering Allegations

Getting the approval for a mortgage on a property is a very tough thing to do for most people, especially in the current climate we find ourselves in. Often, a long time has been spent filling out forms and going over options with lenders and other professionals. Not to mention saving up the money needed for a deposit.

What is money laundering?

To give a brief summary, money laundering is the illegal process of concealing the origins of money obtained via illegal means. This is often done by passing the funds through a complex sequence of banking transfers or commercial transactions. The overall objective of this is to “clean” the money, as the illegal cash will be mixed in with regular money. In this way, the launderer can recoup their funds with legitimate money, while disassociating themselves with the “dirty” money.

How does this tie in to mortgages?

There are quite a few ways a mortgage can be used as means of laundering money. One way is by using laundered money as a deposit. Another is to simply overpay a loan. Another option for money launderers is to target a lender to secure a buy-to-let mortgage, and then launder money through rental income.

As an honest person looking into mortgage options, however, how should you avoid being suspected of mortgage fraud, and potentially damaging your application? Read on to find out.

Gifted deposits

A gifted deposit is exactly what it sounds like, a gift from a friend or family in the form of cash towards your deposit. This is clearly a wonderful and kind gesture, but there are a few things that you must take into account.

Firstly, it is understandable that a large sum of money being transferred into your account out of the blue will look suspicious. Money lenders and solicitors will always question where these types of transfers have come from. If you fail to provide a good answer, a money laundering investigation may be launched which will affect your mortgage application.

What you have to do is provide evidence that this money has come from a legitimate source, and was given to you freely. Evidence usually comes in the form of a signed letter from the person gifting you the money, stating that it is not a loan which will need to be repaid, but rather a one off gift. It should also state that this money does not entitle the person providing it any share of the property which it is going towards paying for. Your mortgage adviser can provide you with a document template if you are unsure, as can we here at Lisa’s Law.

Credit card deposits

A huge amount of fraud takes place using credit cards, in fact it accounts for 39% of cases in the UK. Common types of credit fraud involve lost or stolen credit cards being used without the owner’s permission or knowledge, stealing credit card details and committing fraudulent applications using someone else’s identity.

This is in part why most mortgage lenders will refuse an application. They see payments via credit cards as risky, as they are essentially loans rather than outright payments. It is best to avoid using them.

Cut ties with your ex-partner

Being linked with an ex-partner means that their spending and credit record will affect how you look. This can be a big problem if they are not careful with their money, and can have a detrimental effect on your mortgage application. This is because mortgage lenders have to trust that you will be able to make your mortgage payments on time, and unpredictable spending can make you look unreliable.

If you believe you may still be linked financially to an ex-partner, contact credit reference agencies and explain the situation to them. They should be able to unlink the two of you.

Personal savings and inheritance

This is the most common way people put down a deposit and will usually be accepted by most mortgage lenders without many questions. It still needs to be verified that the money has come from a legitimate source, so make sure that you can prove your claim to the inheritance with documentation showing exactly where the money has come from, and have records of what account it has been in since it came your way.

When it comes to personal savings it is good practice to have payslips ready to be inspected, so that your income can me verified.

Also, for salaried staff, lenders sometimes carry out a background check against the employer to satisfy themselves that the employer does have the capability to pay the staff.

Register to the electoral roll

This essentially means you are registered to vote. Mortgage lenders must be able to verify your identity for purposes of anti-money laundering. If you are registered on the electoral roll, they will be able to see that you are really who you claim to be as it enables lenders to check your information, confirm your name, address and residential history.

Not being on the electoral roll is a sure fire way to have your mortgage application denied.

What if you are self-employed?

Self-employed people may have a few extra hoops to jump through when securing a mortgage because their income may vary from month to month. This makes them less reliable in the eyes of mortgage lenders. What if one month they cannot make a payment due to their business falling short? You can understand their concern.

Lenders will see you as self-employed if you own more than 20% to 25% of a business, which provides your main source of income. You could be a sole trader, company director, or contractor.

Proving your income as a self-employed person:

To prove your income when you apply for a self-employed mortgage, you will need to provide:

Two or more years’ certified accounts

SA302 forms or a tax year overview (from HMRC) for the past two or three years

Evidence of upcoming contracts (if you are a contractor)

Evidence of dividend payments or retained profits (if you are a company director)

For self-employed running business as a limited company, the lender will request for full annual accounts or CT600 or both. The lender will also look at the actual salary or dividend the applicant has drawn from the company together with the profit retained within the company.

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