Published: 23 December, 2016
Compromise in Family Law: Law and Practice 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.
Contents
Part 1: General
Part 2: Compromise in particular family law disputes
Agreements relating to divorce and civil partnership proceedings
Agreements relating to children
Agreements in other family law disputes
Part 3: Financial remedies
Formation of compromise
Nuptial agreements and compromises not yet approved by the court
Compromises approved by the court
The terms of the compromise: structure & drafting
The terms of the compromise: content
The terms of the compromise: construction
Child maintenance agreements
Agreements in Schedule 1 cases
Variation of compromise
Compromise and alternative dispute resolution
Part 4: Family property disputes
Formation of compromise
Part 5: Impeachment of compromise
Grounds for reopening a compromise
Procedure for reopening a compromise
Appendices