• Financial Remedies Handbook
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Financial Remedies Handbook

FROM £67.50

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of matrimonial lawyers

The Financial Remedies Handbook (formerly entitled the Ancillary Relief Handbook) has established itself as a first resort for thousands of matrimonial lawyers. By combining a clear explanation of the applicable legal principles with straightforward advice on practice and procedure, this is the essential reference work for the busy family lawyer.
This new edition has been thoroughly revised and contains detailed analysis of all recent case law developments, including practical guidance as to how these developments should be applied. Key topics include:
  • Transfer of Property Orders and Housing Needs
  • Settlement of Property Orders and Variation of Settlements
  • Avoidance of Disposition and Other Injunctions
  • Insolvency and Rights of Creditors
  • Costs
  • Appeals and Setting Aside
The Appendices contain a wide range of precedents and relevant legislative provisions.
  • Introduction to ancillary relief
  • Periodical payments
  • Secured periodical payments
  • Lump sum orders
  • Transfer of property orders and housing needs
  • Settlement of property orders and variation of settlements
  • Orders for sale
  • Avoidance of disposition and other injunctions
  • Consent orders
  • Pensions
  • Children
  • Insolvency and rights of creditors
  • Variation
  • Miscellaneous applications
  • Financial relief after overseas divorce
  • Procedure
  • Costs
  • Appeals and setting aside
  • Enforcement
  • The impact of the Human Rights Act 1998
  • The proceeds of Crime Act 2002
  • Future developments
  • A summing up
  • Appendices: Precedents and Legislation
Download the full contents here...

Reviews from previous edition

“This title has deservedly become a standard reference text within the profession; this latest edition (7th edition) ensures the title will remain as relevant as ever it was”
Family Law

"a masterly review of a complex subject matter ... explains with clarity the salient issues ... guaranteed to give information and reassurance whenever the family practitioner needs it"
Margaret McDonald Daw, Senior Lecturer in Law and Practising Solicitor, School of Law, The Manchester Metropolitan University

"The author writes with authority and academic excellence ... full of useful guidance ... practitioners and law students will find this a useful and readable work, and a very helpful addition to their reference library"
Solicitors Journal

"a book such as this is greatly needed"
The Legal Executive Journal

"does exactly what it clearly sets out to do ... provides a handbook of readily digestible chapters on all aspects of ancillary relief ... a welcome addition to any family practitioner's library"
New Law Journal

"an authorative and concise reference book, with clear supporting material"
ALC Newsletter

"Roger Bird's Ancillary Relief Handbook is the compact Swiss Army knife for sorting out matrimonial finance on divorce... ought to be in the armoury of any ancillary relief practitioner... Don't go to your client or to court without it."
Family Law Journal

"user friendly... an authoritative and concise exposition... with plenty of supporting material, creating a readable and practical reference book"
Association of Lawyers for Children

"already well established as a first resort for thousands of matrimonial lawyers, this new edition is certain to continue that tradition"
Childright

“a useful and compact guide for the daily intricacies of ancillary relief … an excellent guide for a newly qualified practitioner and will provide a valuable aide-memoire for the more experienced lawyer”
Family Law
In this edition, some of the issues that were mentioned in the last edition as being susceptible of development have indeed been developed by the courts. The weight to be placed on agreements has been considered at some length and it has become clear that Radmacher v Granatino was by no means the last word on this subject. At the same time, the definition of ‘marital’ and ‘non-marital’ assets has been scrutinised in a way that would not have been anticipated some years ago and the law relating to inherited or pre-acquired wealth is constantly being modified. These are all issues that will not go away and add to the pressure for some radical reconsideration, perhaps even codification, of the law relating to financial relief.

These issues normally assume importance only where the parties enjoy considerable wealth. However, it should not be forgotten that the majority of cases dealt with by district judges up and down the country involve comparatively modest assets, and the now complete abolition of legal aid for such cases has created new problems. Parties of average income cannot afford the fees that solicitors have to charge but are at a loss when any non-standard issue arises in their case. District judges are forced to improvise to ensure that justice is done but there are limits on how far a judge can go to help parties in a system of rules devised for adversarial litigation. This inevitably leads to inconsistency between courts and injustice for some parties.

The time has surely come for the amendment of the rules to provide for something like a small claims track for financial relief cases. This would empower, and indeed require, district judges at the First Directions Appointment to adopt an inquisitorial approach and to identify issues that might be important, but which the parties had not identified. Orders could then be made to produce the evidence required. This would be a rule change that would have to be carefully drafted but there is no doubt that it is possible and indeed necessary.

As with the last edition, I am very grateful to District Judge Andy King for his contributions to this book.
The law given is as at the date below.

Roger Bird
24 June 2013
Roger Bird LLB, Solicitor
Former District Judge
Andy King MA
District Judge, Andover and Farnham County Court

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