Course description
Overview
This course will provide you with guidance in relation to the law and principles underpinning the different types of nuptial agreements and the drafting of financial consent orders. You will be able to identify the relevant factors in drafting of financial consent orders and nuptial agreements. There will be an analysis of Radmacher v Granatino and later case law, such as s Ipekci v McConnell 2019 EWFC 19 and more recently, in SC v TC (Acting by his litigation friend) 2022 EWFC 67
The course will also cover case studies in drafting both nuptial and financial consent orders.
Who is this for?
This course will be of benefit to family law advisors at every level of practice as it concerns fundamental principles applicable to advising and preparing marital property agreements, and financial consent orders. This course will be of benefit to Chartered Legal Executives, Solicitors, trainees, and support staff. This course will be of benefit to advisers who are new to, or are unsure about, this area of law. It will also benefit returners to family.
What will you learn?
Topics covered include:
- Consideration of the principles in Radmacher and later significant cases
- Use of nuptial agreements and drafting
- Consideration of type of case where nuptial agreements are of use
- Consideration of recitals, undertakings and orders upon drafting financial consent orders
- Dismissal and Enforcement provisions in financial consent orders
- Incorporating enforcement provisions and ensuring enforceability
How does this help your career?
- Apply the principles given in Radmacher and later cases
- Explain to client’s Pre-nuptial agreements – their principles and function
- Work with the rules governing the recognition of nuptial agreements, so as to identify cases in which they can play a part
- Understand the difference between recitals, undertakings and orders when drafting financial consent orders
- Consideration of the law and practice surrounding financial consent orders
- Understanding spousal financial claims and provision for children on financial consent orders
PSC Elective
This course may be undertaken as a PSC elective, although it may also be attended by non-trainees.
SRA Competencies
B, C
Other related courses
Family Law - The Complete Practice & Procedure
Public Law Children's Work - Introduction
Core Knowledge For New Family Practitioners
Court of Protection Practice
Private Children Law - In Practice
Financial Orders on Divorce – from first instruction to final order
Divorce, Nullity & Separation
Special Guardianship & Adoption Issues - The Essentials
Local Authority Children Lawyer - The Essentials
Children Law Accreditation - The Mandatory Course
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Suitability - Who should attend?
This course will be of benefit to family law advisors at every level of practice as it concerns fundamental principles applicable to advising and preparing marital property agreements, and financial consent orders. This course will be of benefit to Chartered Legal Executives, Solicitors, trainees, and support staff. This course will be of benefit to advisers who are new to, or are unsure about, this area of law. It will also benefit returners to family.
Outcome / Qualification etc.
Topics covered include: Consideration of the principles in Radmacher and later cases Use of nuptial agreements and drafting Consideration of type of case where nuptial agreements are of use Consideration of recitals, undertakings and orders upon drafting financial consent orders Dismissal and Enforcement provisions in financial consent ordersIncorporating enforcement provisions and ensuring enforceabilityHow does this help your career? Apply the principles given in Radmacher and later cases Explain to client’s Pre-nuptial agreements – their principles and function Work with the rules governing the recognition of nuptial agreements, so as to identify cases in which they can play a part Understand the difference between recitals, undertakings and orders when drafting financial consent orders Consideration of the law and practice surrounding financial consent orders Understanding spousal financial claims and provision for children on financial consent orders PSC Elective This course may be undertaken as a PSC elective, although it may also be attended by non-trainees.SRA CompetenciesB, COther related coursesFamily Law - The Complete Practice & ProcedurePublic Law Children's Work - IntroductionCore Knowledge For New Family PractitionersCourt of Protection PracticePrivate Children Law - In PracticeFinancial Orders on Divorce – from first instruction to final orderTOLATA for Family LawyersFamily Advocacy - An Introduction to Public Child Care ProceedingsDivorce, Nullity & SeparationSpecial Guardianship & Adoption Issues - The EssentialsLocal Authority Children Lawyer - The EssentialsChildren Law Accreditation - The Mandatory CourseFamily Advocacy - The Key Principles