Speaker:

Anne Kay

Published:

Format:

E-Training

Category:

Family

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A practical guide to advising your client about pre- and post-nuptial agreements. Gain insight into the benefits of these agreements, identifying clients to whom agreements should be marketed, self protection measures for practitioners, best practice when drafting agreements, interpreting and enforcing these agreements.

What is included?

• 33 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
• Assessment facility – take a multiple choice test online to gain 1 CPD point
• Family Law CPDtracker – keep track of all your CPD points online

Content and Learning Outcome

• The benefits of pre- and post-nuptial agreements
• Identifying clients to market pre-nuptial agreements to
• Case law developments in relation to the interpretation and treatment of pre-nuptial agreements
• Treatment of overseas pre-nuptial agreements in English proceedings
• Factors to consider when drafting pre-nuptial agreements
• Client care and key advice
• Self protection measures for practitioners
• Best practice when drafting pre-nuptial agreements
• Enforceability of post-nuptial agreements
• Best practice when converting a pre-nuptial agreement into a post-nuptial agreement

Who Should Listen

• Solicitors
• Barristers
• Paralegals
• Legal executives
• Financial advisers
• Tax and estate planning advisers

Level of expertise: Introductory/Intermediate

Please click here for a FREE 10 minute demo

All you need to know about Radmacher v Granatino follows on from this audioCPD

*This audioCPD is a little dated and now part of the archive

Anne Kay Associate, Boodle Hatfield

Anne Kay trained at Manches Solicitors where she qualified as a solicitor in 2000. She spent five years working for family law specialists Hughes Fowler Carruthers before joining the family law department of Boodle Hatfield where she is an Associate.

Anne specialises in ancillary relief matters including those with an international dimension. She also advises on all legal issues arising from relationship breakdown including cohabitation disputes, civil partnership dissolutions and children issues. Anne is recommended in both Chambers and Legal 500.

• Hyman v Hyman [1929] AC 601, (1929) FLR Rep 342, [1929] All ER Rep 245 HL
• Edgar v Edgar (1981) 2 FLR 19, [1980] 1 WLR 1410, [1980] 3 All ER 887
• S v S (Divorce: Staying Proceedings) [1997] 2 FLR 100
• K v K (Ancillary Relief: Pre Nuptial Agreement) [2003] 1 FLR 120
• G v G (Financial Provision: Separation Agreement) [2004] 1 FLR 1011
• Crossley v Crossley
[2008] 1 FLR 1467
• s25 Matrimonial Causes Act 1973
• S v S [2009] 1 FLR 254
• “A More Certain Future – Recognition of Pre Marital Agreements in England & Wales” published by Resolution in 2005
• Ella v Ella [2007] 2 FLR 35
• Radmacher v Granatino [2009] 2 FLR 1181
• MacLeod v MacLeod [2009] 1 FLR 641
• “Supporting Families: A Consultation Document” published by HMSO in 1998

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Family Law is maintained online and is accessible to you for two years/until you delete your CPDtracker account.