header-logo header-logo

06 June 2014 / Natasha Phillips
Issue: 7609 / Categories: Features , Family
printer mail-detail

Get informed

Natasha Phillips underlines the importance of mortgage capacity assessments in divorce proceedings

April 26 2014 marked a significant change in the world of mortgage lending. Changes following the Mortgage Market Review were implemented on this date and the biggest shake-up happened within the realms of affordability. It is now official that mortgage lenders are responsible for assessing whether applicants can afford any potential new mortgage and with emphasis on how badly this was handled pre-recession, mortgage providers are taking things very seriously. With changes to criteria and more complex affordability calculations it has made it increasingly difficult for the average person to get a good idea of their likely mortgage borrowing. Some banks have even stated that potential borrowers will need to spend up to 2.5 hours with an adviser to assess their affordability. For those dealing with divorce who are in need of their own or their client’s mortgage capacity for financial negotiations, mediation or as information at court, there may be few resources available to get this information.

Expert advice

They can, however, have their

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll