Matrimonial consent orders and agreements

書誌事項

Matrimonial consent orders and agreements

David Salter

(Longman practitioner series)

Longman, c1991

2nd ed

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注記

Includes index

内容説明・目次

内容説明

This book examines the law and procedure relating to consent orders in matrimonial jurisdiction of the High Court and the divorce county courts, but also in maintenance/separation agreements. where divorce proceedings are not envisaged or where proceedings are at an early stage. This latest edition has been revised to include expanded precedent consent orders and separation agreements, and a new chapter on the drafting of consent orders. It takes into account the Finance Act 1988 and the Family Law Reform Act 1987. Guidance on the methods of settling of disputes are included and the book examines the nature and effect of consent orders and the basis upon which disclosure must take place. It has coverage of case law including Dinch and Barder and includes precedents of consent orders and a separation deed.

目次

  • Introduction - history, agreement or consent order, the future
  • agreements - contractual requirements, classification, content and construction, discharge, the rule in Hymen v Hymen, the court's approach to agreements
  • consent orders - agreements subject to the approval of the court, agreements made rules of court, Tomlin and consent orders, the duty of disclosure
  • the clean break - origins, concept, suitability, calculation
  • challenging consent orders and agreements - setting aside and appeals, Matrimonial Causes Act 1973, ss23 and 24, liberty to apply, resist specific performance
  • variation - agreements, consent orders, agreements made rules of court, undertakings
  • enforcement
  • agreements. Appendices: separation deed, Matrimonial Causes Rules 1977, r76A (as substituted by the Matrimonial Causes (Amendment No 2) Rules 1985, r9)
  • specimen minutes of consent order
  • reconciliation agreement, cohabitation and pre-marital contract.

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