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Family Law

This publication guides practitioners through divorce, domestic agreements, domestic abuse, financial remedies, private child arrangements, and care proceedings.

7 Matter Plans

Overview

Seven guides, through detailed matter plans, set out the typical flow of a family law matter from start to finish, including settlement negotiations, commencing proceedings, interim applications, preparation and conduct of final hearings, and enforcement.

The Family Law publication provides all the commonly required precedents and forms, including applications, affidavits, orders, and correspondence.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • a Library of letters instructing experts;
  • initial letters of advice to the client;
  • consent orders;
  • template financial remedy orders;
  • example content for:
    • witness statements, domestic abuse order applications, and responses;
  • agreements for:
    • prenuptial, postnuptial, cohabitation, separation, parental responsibility, and child maintenance;
  • parenting plans;
  • a Position Statement;
  • a Contract of Expectations.
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7 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Domestic Agreements
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Article: Do cohabitees have rights?
  • Item icon Overview
    This commentary covers agreements made before or after a marriage or civil partnership, including after separation. It also covers agreements between cohabiting parties where marriage or civil partnership is not envisaged. For this commentary, the word nuptial is used to describe both marriage and ...

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  • Item icon Summary of the process
    The usual steps in acting in a domestic agreement matter are:

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  • Folder icon A. Getting the matter underway
    • Item icon Costs, charging, and payment
      Costs, charging, and payment are central issues in any nuptial or cohabitation agreement work. Unless the firm operates a fixed fee service for this type of work, it is often impossible at the initial advice stage to provide a realistic estimate of how much it might cost to finalise an agreement. ...

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    • Item icon Who is or should be the client?
      In most cases, the answer will be obvious. However, the instructions may be to protect money being handed down within a family. In this case, it may be better for conflict and confidential information purposes – as well as family dynamics – to act for the parents rather than the person who will be ...

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    • Item icon File cover sheet - Domestic agreements
    • Item icon To do list - Domestic agreements
    • Item icon First steps
    • Item icon Retainer instructions - Domestic agreements
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Initial explanatory letter to client when instructed to prepare or review a domestic agreement enclosing Client Care and Terms of Business
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information
      • Item icon Terms of business
      • Item icon Scope of work - Domestic agreements
      • Item icon Enclosure - Legal aid for family cases
      • Item icon Personal details, assets, liabilities and income statement
      • Item icon Enclosure - Cohabitation agreements
      • Item icon Enclosure - Nuptial and civil partnership agreements
      • Item icon A summary of the domestic agreement process
    • Item icon International issues
      When acting for a client with an international residence, domicile, nationality, assets abroad, or a period of living abroad, consideration is to be given to the obligations and entitlements in the international jurisdiction. The English court normally applies English law when determining an ...

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    • Item icon Letters of advice
      Without written evidence, questions may arise about the content of any advice given. A non-exhaustive list of the issues that could be discussed in letters of advice include:

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    • Item icon Heads of agreement
      There is often a benefit in producing a one or two-page non-legally binding heads of agreement in plain English, setting out the main terms of the proposed agreement and how any negotiations are to be conducted. The other party can then take the document to their advisor, highlighting and ...

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    • Item icon Heads of agreement for a nuptial, civil partnership or cohabitation agreement
    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing consent - General
          • Item icon Letter to third party enclosing consent - General
          • Item icon General letter enclosing client consent
          • Item icon General letter enclosing third party consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. Agreements
    • Folder icon Nuptial agreements
      • Item icon The purpose of a nuptial agreement
        The most common reason people enter into nuptial agreements is to ensure they retain control of specific assets in the event of separation. They may have pre-marital wealth or expect to inherit or receive significant financial gifts during the marriage that they want to preserve in the event of ...

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      • Item icon Property subject to a nuptial agreement
        Nuptial agreements generally identify two classes of property:

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      • Item icon Disclosure
        Full and frank disclosure between the parties will enable them to make an informed decision about entering into the agreement. It would be usual practice, for example, to provide six months of statements for every bank account. This requirement is not so important when parties have an intimate ...

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      • Item icon The court’s approach to nuptial agreements
        Section 25 of the Matrimonial Causes Act 1973 and Part 5 of Schedule 5 of the Civil Partnership Act 2004 give the court wide discretion when dealing with an application for a financial remedy. The intent is to allow the court to determine a tailored approach relevant to the ...

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      • Item icon Nuptial agreement
      • Item icon Civil partnership agreement
      • Item icon Letter submitting agreement to other side's solicitor
      • Item icon Letter to unrepresented party with draft agreement
    • Folder icon Cohabitation agreements
      • Item icon Cohabitation agreements
        A cohabitation agreement is between two parties who live together but are not married or in a civil partnership. The purpose of the agreement is to set out how the parties will:

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      • Item icon Cohabitation agreement
      • Item icon Letter submitting agreement to other side's solicitor
      • Item icon Letter to unrepresented party with draft agreement
    • Folder icon Separation agreements
      • Item icon Separation agreements
        A separation agreement is different to a nuptial agreement. A nuptial agreement is made before or during the relationship, but a separation agreement is made when a couple separate.

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      • Item icon Separation agreement - After marriage or civil partnership
      • Item icon Separation agreement - Unmarried couples
      • Item icon Letter submitting agreement to other side's solicitor
      • Item icon Letter to unrepresented party with draft agreement
    • Item icon Drafting the agreement
      The following factors increase the likelihood of an agreement being upheld by the court:

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    • Item icon Independent legal advice
      To strengthen enforceability, before signing the agreement each party would benefit from receiving written legal advice from a legal practitioner about the current legal status of nuptial agreements, the effect of the agreement on the rights of that party, and the advantages and disadvantages at ...

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    • Item icon When the practitioner believes an agreement is unjust
      When the practitioner believes a nuptial or cohabitation agreement is unjust and inequitable and the client insists on proceeding, a letter sent to the client outlining the terms and effects of the agreement and why the practitioner believes it is unjust and inequitable may offer protection against ...

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  • Folder icon C. After the agreement
    • Item icon Varying, converting, and terminating an agreement
      Varying an agreement Varying an agreement involves many of the same processes and considerations as drafting a new one, including reviewing termination provisions. Independent legal advice ensures both parties have sufficient information to be sure that varying the agreement is right for them.

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    • Item icon Variation of domestic agreement
    • Item icon Termination of domestic agreement
    • Item icon Letter submitting agreement to other side's solicitor
    • Item icon Letter to unrepresented party with draft agreement
    • Item icon The death of a party
      A nuptial or cohabitation agreement could include what is to happen to a party’s assets on their death, however, it is not binding on the estate. It will be better for the parties to make wills to deal with this eventuality. Divorce and dissolution affect clauses in wills that relate to the former ...

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    • Item icon Enforcement
      If parties cannot agree to uphold the terms of a nuptial or separation agreement, the party seeking to rely on the agreement, or resile from it if it is considered unfair, makes an application to the court for a financial remedy order using form A Notice of (Intention to Proceed With) an ...

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    • Item icon Notice of (intention to proceed with) a financial application to which the standard procedure applies
    • Item icon Application notice: apply for an interim order as part of divorce, dissolution or separation court proceedings
  • Folder icon D. Finalising the matter
    • Item icon Finalisation letter to unrepresented party with signed agreement
    • Item icon Finalisation letter to other side's solicitor with signed agreement
    • Item icon Letter to client finalising the matter and enclosing agreement
    • Item icon Example invoice
    • Item icon Invoice recital - Domestic agreements
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - Family matters
  • Item icon Further information
  • Item icon Comments and suggestions for By Lawyers

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