• Personal data shall be processed fairly and lawfully;
• Personal data shall be Obtained for  for limited, specifically stated purposes;
• Personal data shall be used  in a way that is adequate, relevant and not excessive;
• Personal data shall be accurate;
• Personal data shall not be kept on file no longer than absolutely necessary;
• Personal data shall be processed in accordance with the rights of data subjects under this Act;
• Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
• Personal data shall not be transferred to a country or territory outside the European Economic Area without adequate protection

These principles must be applied at all levels in organisation. The DPA provides the more protection to sensitive information. Such as:

• racial or ethnic origin;
• political opinions;
• religious beliefs;
• trade union membership;
• physical of mental health;
• sexual life;
• Commission of offences or alleged offences.

It is the duty of the employer to protect the personal and sensitive data of the employee. Employer can not disclose the personal information of the employee without first obtaining the consent of the employee.However, an employer may disclose the personal data if it is required by law.

Data protection policy promotes the level of confidence and trust of the employees on employer. Data protection policy enables the employees to provide correct and pure information.

The Court of Appeal have considered the meaning of personal data within Durrant v. Financial Services Authority (2003) and confined this to information which relates to an individual and in such a way this affects his privacy in terms of his family life, business or in a professional capacity.

The Information Commissioner Office has published the employment practice code to guide the employer about the enforcement of DPA. The code has been divided into four parts. Such as:

• recruitment and selection;
• employment records;
• monitoring at work; and
• worker’s health.

The employment practice code provides the limits as to when the consent of an employee is appropriate for disclosing the information. Employer cannot force the employee to give consent. If the consent is obtained by undue influence and coercion, such as consent will be void from the beginning. Employer cannot sack the employee for not providing the consent. Employer must provide the details of required information to an employee before getting the consent. It is advisable that consent must be provided in the written form, and it must be signed by the employee.

. The data protection legislation protects the privacy information and uphold the individual rights.

Net Lawman provides the comprehensive data protection policy document. Such as:

Data protection policy

This data protection policy is addressed to your staff, so that compliance really happens. Of course, some explanation and education is advised. It is suitable for any business or organisation saving data by electronic means; that is, any business that uses a computer.

The courts in UK have started to validate the pre nup agreements. Pre nu agreements are still not statutory enforceable in England and Wales. UK government is thinking to provide legislative protection to pre nup agreements. In Australia Family Law Act 1975 regulates the pre nuptial agreement.

Pre nup agreement must be fair and just. There must be no injustice with any party. The Supreme Court held in famous case [2010] UKSC 42 that both must parties must enter into the agreement with their free consent and they must understand the implications of the agreement.

Lady Hale gave the dissenting judgment in the [2010] UKSC 42.  She considered the nature and status of marriage:

Marriage is, of course, a contract, in the sense that each party must agree to enter into it and once entered both are bound by its legal consequences.  But it is also a status. This means two things. First, the parties are not entirely free to determine all its legal consequences for themselves. They contract into the package which the law of the land lays down. Secondly, their marriage also has legal consequences for other people and for the state. Nowadays there is considerable freedom and flexibility within the marital package but there is an irreducible minimum. This includes a couple’s mutual duty to support one another and their children. We have now arrived at a position where the differing roles which either may adopt within the relationship are entitled to equal esteem. The question for us is how far individual couples should be free to rewrite that essential feature of the marital relationship as they choose.

Pre nuptial agreement must contain the following important provisions. Such as:

• Provision must be made for children ;
• The agreement must not be profoundly unjust ;
• Full financial disclosure must have been made.

The pre nuptial agreement is also called pre matrimonial or pre marriage agreement. Pre nup agreement must be signed by the both parties. The ruling in the [2010] UKSC 42 does not make pre-nuptial agreements binding in all cases; the fairness of upholding any particular agreement will be considered by the court on a case by case basis.  However, some pre-nuptial agreements will now have effect in the absence of circumstances which would make this unfair.

If the marriage is unsuitable for the parties, and they have decided to live together, they can use the cohabitation agreement to settle the financial issues.

Net Lawman provides the following comprehensive pre nup and cohabitation documents. Such as:

Prenuptial agreement

This prenuptial agreement is suitable for any people getting married in the future. Includes references to financial accounts, houses, other property, furniture, children, mortgages, utility bills.

Cohabitation (living together) agreement: full version

Comprehensive, lawyer drawn cohabitation agreement in plain English with many options clearly explained. Cohabitation (living together) agreement – full version covers ongoing life as well as termination. Cohabitation (living together) agreement – full version includes extensive children provision, preservation of business assets, maintenance for poor party and much more.

Cohabitation (living together) agreement: simple version

Comprehensive, lawyer drawn cohabitation agreement in plain English with many options clearly explained. Cohabitation (living together) agreement – simple version covers ongoing life as well as termination. Cohabitation (living together) agreement – simple version does not provide any provision for children.

Contract of service: An employer – employee contract is called contract of service.

Contract for service: A contractor – client contract is called contract for service.

Employment agreement is made between employee and employer which contain their employment rights, duties and responsibilities. Employee is entitled to avail all statutory rights that are attributed to employee in absence of written employment contract (express contract). Employment Rights Act 1996 imposes the legal obligation on employer to provide written terms of employment to employee within two months of the starting work in absence of written contract. The offer letter, or employment contract, could be your principal statement or full written statement. There is no need for employer to give employee a separate written statement if everything is covered in either of offer letter or employment agreement.

A contract of employment is not different form the other kind contracts. Employment contract comes into existence when:

• An offer is made from the employer;
• Acceptance from the employee
• Consideration;
• Intention to create legally binding agreement.

Equality Act 2010 provides the opportunity to every UK national to get job without any discrimination on the basis of sex, race, age etc.

There is a minimum right to paid holiday, but your employer may offer more than this. You are entitled to a minimum of 5.6 weeks paid annual leave – 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns). Part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, e.g. 22.4 days for someone working four days a week).

There are different rates of NMW for different situation. The current rates (from 1 October 2011) are:

• £6.08 - the main rate for workers aged 21 and over ;
• £4.98 – the 18-20 rate;
• £3.68 - the 16-17 rate for workers above school leaving age but under 18;
• £2.60 – the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprenticeship.

If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can’t be an agreement with the whole workforce.

You shouldn’t be sacked or unfairly treated (for example refused promotion or overtime) for refusing to sign an opt-out.

Contract for services means you are self employed. Contract for service does not create the any relationship of employee and employer. You do not become an ‘employee’ for this person – you just provide them with a service. If you are a temporary agency worker you may be contracted with your agency under a ‘contract for services’.

The employment Act 2008 repealed the three steps disciplinary and grievance procedure. Now the employer can set up their own disciplinary and grievance procedure but it mandatory to follow the spirit and principles of ACAS disciplinary and grievance procedure code of practice.

It is advisable that employment contract must be in written form because it is the basic employment document.

Employment agreement can be terminated in number of ways:

• Expiry of the term
• Completion of the task
• Breach of the contract
• Dismissal
• by mutual consent
• By operation of law etc

Net Lawman provides the following types of employment agreements. Such as:

Employment contract
A complete employment contract suitable for all staff below director level in an organisation of any type or size. The contract provides strong protection for the employer organisation. The employee may be full time, part time or temporary.

Casual employment contract (zero hours)

This is a comprehensive employment contract for casual workers. Sometimes known as a casual work contract or a zero hours contract, it places no obligation on the employer to provide work, and pay and benefits are pro rated in line with hours worked. This casual employment contract covers all legal requirements for information to be given to an employee and provides strong protection for the employer organisation.

Fixed term employment contract
A comprehensive employment contract for any organisation that employs staff on fixed term contracts, whether for projects, seasonal increases in work or to cover full-time employees on leave. It is a superb framework for fair, full and easily understood protection of the employer and compliance with organisational requirements.

Non-executive director’s service agreement
This non-executive director’s service agreement is a contract for services of a self-employed, part-time director. It makes clear no contract of employment. It can be used for a fixed term or a running contract for a company director, or director-level equivalent in a charity or other organisation. It provides particularly strong protection of company information.

Directors service agreement (employment contract)
This directors service agreement is a complete legal and practical framework for the employment of any executive director, whether on a running contract or on a fixed term. It is an employment contract for senior level staff that also defines the relationship between the director and the organisation. Provision for remuneration and common benefits is included, as is strong protection of company information.

Unpaid non-executive director’s service agreement
This non-executive director’s service agreement is a contract for services for an unpaid, part-time director. It makes clear no contract of employment. It can be used for a fixed term or a running contract for a company director, or director-level equivalent in a charity or other organisation. It provides particularly strong protection of company information.

The e-commerce regulations apply to businesses that:

• sell goods or services to businesses or consumers on the internet, or by email or Standard Messaging Service (SMS), i.e. text messages;
• advertise on the internet, or by email or SMS;
• convey or store electronic content for customers, or provide access to a communications network.

Website terms and conditions are in fact a legal contract between you and your customer. Web site terms and conditions are part and parcel of the e-commerce because these describe, interpret, and define the rights and liabilities of the parties. Web site terms and conditions must be clear, comprehensive and perfect in all aspect and any ambiguous term may cause the legal disputes later on. Web site terms and conditions protect the online business. UK law imposes the civil and criminal liability if web terms and conditions for goods of sale do not meet the requirement of the law. Civil liability may lead to injunctions and damages payments; criminal liability could mean a fine and a criminal record, and possibly worse.

There are a number of issues peculiar to any one business, which will affect the drafting of Internet terms and conditions. Many of the conditions will appear, or not appear, as a matter of management policy. However the terms and conditions for goods sale must include the following provisions:

• Offer and acceptance
• Restrictions
• disclaimer
• Jurisdiction clause
• an acceptable use policy
• a variation clause
• an entire agreement clause
• dispute resolution clause and
• E-commerce Regulations provisions.

The Consumer Protection (Distance Selling) Regulations and other consumer protection legislation apply to contracts for sales of goods and services. It is important that you are aware of the provisions of the legislation. You must provide complete information to the customer before the order is placed:

• business name and geographic address (when advance payment is required);
• a description of the goods or services;
• prices, including all taxes;
• delivery arrangements;
• payment arrangements;
• cancellation rights and details of who bears the cost of returning cancelled goods;
• how long prices remain valid;
• the minimum duration of contracts;
• if you want to offer substitute goods if those ordered aren’t available – if you do, you must meet the costs if the replacement goods are returned

Net lawman provides the following types of website terms and conditions:

Website terms and conditions: goods to consumers, payment online
Website terms and conditions for the online sale of goods to consumers (and businesses). Drawn assuming the website contains facilities for visitor interaction. Fully compliant with the Distance Selling Regulations for a person or company selling goods online to consumers.

Website terms and conditions: goods to consumers no online payment
Terms and conditions for sale of goods to consumers (and to businesses). The document has been drawn assuming your website does not contain e-commerce facility, so that payment is made in some other way.

Website terms and conditions: goods to business, payment online
Website terms and conditions for the Internet sale of goods  to business (not consumers), assuming website contains  facilities for visitor inter-action.

Website terms and conditions: goods to business, no online payment
Trading terms and conditions for the online sale of goods to business (not consumers), assuming the website does not contain an e-commerce facility and payment is made in some other way. It is expected that these terms will be both posted on the website and provided in a catalogue or at some other point before the contract is concluded.

You then decide who gets them. You can have up to 100 shareholders, of course, but that is very rare in the early days. At another meeting the shareholders will decide and approve the issue of any number of those 100 shares to whoever they have agreed shall own them. For example, three shareholders may agree to own the shares in the proportions: 3:2:1. So, when the company buys the business, or grows it, the real value is owned in proportion to the number of shares owned by each shareholder.

The number of shares can be increased by the shareholders at any time. That does not increase the value of each share, but enables a split of share ownership in different proportions. The new shares can be issued at a price greater than £1, to reflect the now-increased value of the business operated by the company.

Mostly the Companies have shareholder agreements where there is more than one member. A shareholder agreement is legal contract which made between shareholders of the company. Shareholder agreement protects the interests of the shareholders of the company as against each other whether minority, majority or equal shareholders.

Every private company must have a formal shareholder contract that describes the individual responsibilities, rights and obligations. Shareholder agreement is a document that covers the issues likely appointment of director, transfer of share, dispute resolution, intellectual property, exit strategy, transfer of share on death or incapacity etc. The importance of the shareholder agreement is that it will minimise the issues between shareholders and includes the overall business strategy. Because it provides that what can be done and what cannot be done.

A shareholder agreement also provides the protection that unilaterally decisions will not be made but will be carried out in accordance with procedure.

A shareholder contract provides the opportunity to the members of the company to settle the matters that how thing will be resolved and carried out in certain circumstance. Basically shareholder agreement is hallmark document of the company.

Net Lawman provides the following shareholder documents such as:

Shareholders agreement: new company with shareholder directors
A comprehensive shareholders agreement for a new company. Use this agreement to protect the rights of each shareholder against each other and also for setting down the strategic management of the company. This agreement could be put in place at the time of incorporation or shortly afterwards in order to set out the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Shareholders agreement: new company with shareholder directors and a major lender
A comprehensive shareholders agreement for a new company that has also been financed with debt from a big lender as well as equity. Use this agreement to protect the rights of each shareholder against each other and the debt provider and also for setting down the strategic management of the company. This agreement could be put in place at the time of incorporation or shortly afterwards in order to set out the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Shareholders agreement: Joint Venture
This shareholders agreement is for regulating a single venture. The venture may be a property deal, a diving expedition or any short term business, but there is particular emphasis on the exit strategy and on protection of a minority who wants compliance with the terms.

Shareholders agreement: existing company with shareholder directors and debt financing
A comprehensive shareholders agreement for an existing company. Use this agreement to protect the rights of each shareholder against each other and also for setting down the strategic management of the company. This agreement could be put in place perhaps on the introduction of new shareholders or directors, a new financing round, or after restructuring, or simply to redress the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Shareholders agreement: existing company with shareholder directors and a major lender
A comprehensive shareholders agreement for an existing company that also has debt financing from a big lender such as a business angel or venture capitalist. Use this agreement to protect the rights of each shareholder against each other and the debt provider and also for setting down the strategic management of the company. This agreement could be put in place perhaps on the introduction of new shareholders or directors, a new financing round, or after restructuring, or simply to redress the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Shareholders agreements: warranties
Extensive warranties protect the lender of a loan. This document includes 50+ warranties, only some of which may be relevant to your situation. Provides flexibility to choose which best you to ensure you include only what is significant to your transaction.

Loan contracts are enforceable in the court of law. It can be secured or unsecured.A secured loan contract requires the collateral but unsecured loan contact does not involve the collateral. Unsecured loan is always based on high interest rate.

Loan contracts can be oral or written. However, the courts always consider the written loan agreement form because it clearly defines the intentions of the both parties. There is no such legal requirement that loan contract must be in a written form. Witten loan contracts have become the demand of the time in order to avoid and minimise the disputes between parties that arise in a future.

A loan document must contain the date of agreement, advance amount, interest rate and methods of repayment. Usually, the parties prefer one of the four procedures for the repayment of the loan. Such as:

• fixed period;
• lump sum;
• interest only;
• Interest and principal.

The personal loan agreement is varied from commercial and other loan agreements. Personal loan agreements contain the:

• simple provisions;
• no such statutory, regulatory requirements;
• Fewer technical requirements.

It is not mandatory that personal loan agreement must depict the information about reasons behind the getting loan because personal loan contract is always less technical. However; the loan agreement form must contain the provision about the dispute resolution if any conflict arises between lender and borrower.

Loan contract must be signed by the parties in the presence of witnesses. It must provide the term of the loan.

It is paramount that borrower must read and understand the each paragraph of the loan agreement form before signing it. Because once the agreement form is signed; it becomes the legal document.

The lender has a right to file a case against the borrower if the borrower fails to fulfil the terms and conditions of the agreement.

A loan agreement form is superior to any other types of loan instruments. The line of demarcation between promissory note and loan contract is that

• loan agreement form is signed by both parties; and
• Promissory note is only signed by the borrower.

Under the law, the borrower is personally legally bound to fulfil the terms and conditions of the loan document in letter and spirit. Law does not let the borrower to assign the debt to third party with out seeking the lender’s consent.

Net Lawman offers different types of loan agreements such as:

Secured: by guarantor
This is a comprehensive agreement for a loan secured by a guarantor. It offers flexibility in that any of the lender, the borrower and the guarantor can be an individual or a company, and may be based in the UK or abroad. If the person or company to whom you are lending doesn’t have sufficient assets for you to be satisfied that the loan could be repaid, then insisting on a guarantor who does have sufficient worth is an option to consider.

Unsecured
This is a comprehensive agreement for an unsecured loan. It offers flexibility in that either or both of the lender and the borrower may be an individual or a company, and may be based in the UK or abroad. A verbal agreement may be enough to lend small amounts to people you trust, but even among family and friends, a formal record of terms will prevent a disagreement later. Where the risk of default is higher, or the arrangement is more complicated, it is essential to record the arrangement in a document like this one.

Secured: on financial instruments
This is a loan agreement where the loan is secured against financial instruments. This agreement offers flexibility in that the lender and the borrower can be an individual or a company, and may be based in the UK or abroad. This agreement allows you to use shares or other financial instruments as collateral for a secured loan. Often, personal assets of significant value are held jointly with husbands, wives or partners. For a borrower unwilling to risk the possessions of his spouse, or for a lender who wants distinct ownership of the asset or the ability to maintain the value of collateral in case of default, pledging a loan against company shareholdings can be attractive.

Loan agreement: secured
This is Comprehensive loan contract to settle terms relating to repayment of a loan. The loan can be secured by anything you choose. A secured loan means the borrower offers an item as collateral for the loan, where as an unsecured loan means there is no collateral.

Related documents: personal loan agreement | loan agreement template | loan agreement

Equality Act 2010 provides the opportunity to every UK national to get job without any discrimination on the basis of sex, race, age etc. The line of demarcation between contract of service and contract for service is that:

Contract of service: An employer –employee contract is called contract of service.
Contract for service: A contractor –client contract is called contract for service.

The Bribery Act 2010 imposes the duty on employer to tell the employee to discourage the bribery activities. It is advisable that contract of service must contain the anti bribery provision to avoid the employer responsibility.

There is a minimum right to paid holiday, but your employer may offer more than this.
The current rates (from 1 October 2011) are:

• £6.08 - the main rate for workers aged 21 and over 
• £4.98 – the 18-20 rate
• £3.68 - the 16-17 rate for workers above school leaving age but under 18
• £2.60 – the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprenticeship

The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave – 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, e.g. 22.4 days for someone working four days a week)

Contract for services means you are self employed. Contract for service does not create the any relationship of employee and employer. You do not become an ‘employee’ for this person – you just provide them with a service. If you are a temporary agency worker you may be contracted with your agency under a ‘contract for services’. 

The employment Act 2008 repealed the three steps disciplinary and grievance procedure. Now the employer can set up their own disciplinary and grievance procedure but it mandatory to follow the spirit and principles of ACAS disciplinary and grievance procedure code of practice.

It is advisable that contract of service must be in written form because it is the basic right of the every employee. Your employer can not change the terms of the contract of service without the consent.

Service agreement can be terminated in number of ways:

• Expiry of the term
• Completion of the task
• Breach of the contract
• Dismissal
• by mutual consent
• By operation of law etc

Both employer and employee have the right to take the legal action against each other on the breach of service agreement.

Related documents: employment contracts | contract of service | service agreement | service contract

• the Employment Act 2008, and
• the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008.

The old procedure governing disciplinary and grievance procedure at work can be found in:

• the Employment Act 2002;
• the Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/752).

It is the legal duty of the employer to tell the employee about the entirely:

• Disciplinary procedure;
• Grievance procedure.

The Employment Act 2008 has inserted section 207A into the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA 1992”). Section 207A states that where the Code of Practice applies and has not been followed by either an employer or an employee, and the failure to follow the procedure was unreasonable, then the employment tribunal may, if it considers it just and equitable in all the circumstances, increase or reduce any award it makes to the employee by no more than twenty five percent.

It should be noted that it is a failure to follow the Code of Practice that may result in an increase or decrease in compensation.

The new code does not prevent the employer to take the pre steps informally. Employer can still discuss the problems with an employee without invoking the procedure.

It is the duty of the employer to completely follow the spirit of the Code on disciplinary and grievance procedure at work. Unreasonable failure to comply with the Code will allow tribunals to adjust an award by up to twenty five percent. If an employer breaches the Code the award may be adjusted upwards in favour of the employee. If an employee breaches the Code the award may be adjusted downwards.

The principle lay down in the case of Polkey v. A. E. Daunton Services Ltd [1988] ICR 142, HL is being fully reinstated. This principle applies to cases where a dismissal may be technically unfair on procedural grounds, but if the correct procedures had been followed then the dismissal would have taken place anyway. In such cases the tribunal can reduce or eliminate the compensatory award to reflect the fact that the dismissal would have gone ahead anyway.

It is the duty of the employer to establish the just and fair disciplinary and grievance procedure at work. Employer can set up their own disciplinary and grievance procedure by following the spirit of the Code on disciplinary and grievance procedure at work. The Code on disciplinary and grievance procedure lays down the principles which make the procedure fair, just and equitable. The failure to follow the Code will not result in an automatic penalty for the employer or employee. However employment tribunals will take the Code into account where relevant and a failure by the employer to follow the code without reason is likely to amount to a result of unfair dismissal.

Therefore it is necessary that employer must follow the following rules when dealing with disciplinary and grievance matters. Such as:

• It is the duty of the both employer and employee to deal with issue quickly.
• Employer must communicate to the employee about the nature of allegations.
• Employer must perform full investigation before taking any action.
• Employer must provide the opportunity to the employee to prepare the case before attending the meeting.
• Employer must provide the opportunity to employee to cross examine the witnesses.
• Employee can be accompanied by fellow employee or trade union member at disciplinary and grievance meeting. Employer can not deprive the employee from such right.
• Employer must communicate the decision in writing to the employee.
• Employer must inform the employee about the procedure of appeal against decisions.

Related documents: employment policies | employment contract | employment forms

A separation agreement can be used by married couples or civil partners who have agreed the terms for their separation and wish to record these terms in a formal legal agreement. When the couple agreed to stop living together they need a separation agreement to settle the financial, property and children issues. It is not the statutory requirement to use the separation agreement. You can be separated without entering into written separation agreement. However to avoid the disputes, it is highly recommended that you must use the written separation agreement.

It is entirely matter of fact to judge whether you are separated or not. It is the usual practice that when the one partner leave the matrimonial home and start living separately, is considered as separation. However; you are legally separated even you are living in the same home but leading the separate lives.

The separation agreement can be used for the following purposes. Such as if:

• you’ve been married or in a civil partnership, have stopped living together but don’t desire to legally end the marriage or civil partnership; or
• You’ve been living together without being married or in a civil partnership and have split up.

A separation agreement is not a divorce. The Separation Agreement is legally binding and can be used as evidence to establish the terms of a future divorce petition. The separation agreement is also known as deed of separation. It can also help avoid having to go to court to settle things – now and in the future.

You can incorporate such information in the separation agreement that is appropriate when you end your relationship. A separation agreement can comprised:

• maintenance payment for the spouse and any children
• arrangement for children
• division of property, money etc
• who your children should live with and have contact with
• any other conditions you want to agree, like not annoying or disturbing your former partner

Separation Agreements are a more formal way of admitting that you and your spouse no longer live together and also set out any agreements you have made. Once your separation agreement has been finalised, in legal terms it is a ‘contract’ between you and your former partner. A separation agreement is not a divorce document. Separation agreement is only legally binding when the both parties enter in to agreement with their free consent and without any undue influence and fraud.

Both parties before signing of the agreement must consider the each provision of separation agreement. Once the agreement is signed, it becomes legally binding. The parties can sue each other on the breach of any provision of agreement.

You should make sure you keep to the terms of the agreement. If you don’t, your former partner can take you to court for breach of contract.

You can use the separation agreement as a ground of divorce. To file a divorce petition one party must prove the marriage has broken down irretrievably. They do this by relying on their circumstances into one of five facts (i.e., adultery; unreasonable behaviour; desertion; two years separation; five years separation). Thus, you could also use the separation agreement to discuss who will start divorce proceedings and the fact relied on to prove irretrievable breakdown of the marriage.

A separation agreement is not a divorce form or divorce document. Both the parties can amend the separation agreement at any time by mutual consent. If the other partner does not provide the consent then original agreement will stay in place.

Related documents: separation agreement | undefended divorce

• Written or
• Verbal

But it is very wise to use a written residential tenancy agreement to avoid the disputes. Housing legislation provides certain rights and obligations to landlord and tenant if they have no written residential agreement in place.
It is imperative to know the nature of residential property lease agreement because it determines the rights and duties of the landlord and tenant. Residential property lease agreement can be of fixed term tenancy or periodic tenancy.
The most common form of residential property lease is assured shorthold tenancy agreement. You may have an assured shorthold tenancy agreement if the following key conditions apply:

• your rented property is private;
• your residential tenancy started on or after 15 January 1989;
• the property is your main accommodation;
• your landlord doesn’t live in the property.

All new tenancies are automatically assures shorthold tenancy agreement. You can enter into another form of tenancy – called an assured tenancy. Assured tenancy provides the tenant more rights to remain in the property.
A tenancy cannot be an assured shorthold tenancy agreement if:

• it began – or was agreed – before 15 January 1989;
• the rent is more than £100,000 - this is then a bare contractual tenancy;
• it is rent free;
• the rent is less than £250 a year – or less than £1,000 in London;
• it is a business tenancy or tenancy of licensed premises;
• it is a holiday let;
• the landlord is a local authority.

You may have an assured tenancy if the tenancy began before 28 February 1997. Assured tenancy agreement has corresponding legal rights to shorthold tenancy agreement. Assured tenancy agreement allows the tenant to remain in the property for an unspecified period of time. The landlord does not have automatic right to repossess the property at the end of the assured tenancy. The landlord must prove to the court that the there are valid grounds for the repossession of the assured tenancy property.
A draft residential tenancy agreement must incorporate the following influential provisions:

• the names of the parties
• property address
• rent amount
• commencement and end date of tenancy
• the deposit amount and how it will be protected
• any tenant or landlord obligations

The tenancy agreement drafting may also include the following provision about:

• how to pay rent;
• whether the tenancy can be ended early and how this can be done;
• who is responsible for minor repairs;
• whether the property can be let to someone else (sublet) or have lodgers.

You must understand and check the terms of the residential tenancy agreement before signing it.

Related Sources: Assured shorthold tenancy agreement – Tenancy agreement – Shorthold tenancy – Room rental agreement