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Providing the busy practitioner with a comprehensive guide, bringing together in one place the myriad rules relating to how settlements are reached, approved and re-opened in all types of family law cases.
The book provides the busy practitioner with a comprehensive guide, bringing together in one place the myriad rules relating to how settlements are reached, approved, and re-opened in all types of family law cases. The main focus is on financial remedies cases, dealing with the status of agreements, converting those agreements into court orders, and the grounds and procedure on setting aside those orders.
In addition this book addresses compromise agreements in cases concerning children, including private law children, care, adoption and surrogacy, as well as in family injunction cases.
Part 1: Introduction
Part 2: Compromise of Particular Family Law Disputes
Agreements relating to children
Agreements relating to other family law disputes
Part 3: Compromise of Financial Remedy Disputes
Financial remedy compromises: formation & effect
The terms of the compromise: structure & drafting
The terms of the compromise: content
The terms of the compromise: construction
Agreements for financial provision for children
Part 4: General
Variation of compromise
Compromise and ADR
Part 5: Family Property Disputes
Compromise of family property disputes
Part 6: Impeachment of Compromise
Grounds for impeachment of compromise
Procedure for impeachment of compromise
Senior Courts Act 1981 s 17
Matrimonial and Family Proceedings Act 1984, ss 31A-F (extracts)
Matrimonial Causes Act 1973, s 31
Children Act 1989, Schedule 1, para 1
Extracts from parts 30, 33 and 37 of FPR 2010
Draft rule FPR 9.9A and from PD to those parts
Arbitration Rules (extract) and ARB1
C: Family Orders Project
Financial remedy omnibus
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"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P
An authoritative and practical guide which not only explains the principles and process of family...