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Learn Live expert panelInformation 5 UpdateInformation
SRA Competency B D

Introduction

This live virtual classroom conference chaired by Greg Williams of Coram Chambers, and with a panel of experts, will discuss family, separation and divorce topics.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Non-Disclosure

Katharine Bundell, Fenners Chambers

Non-disclosure is a wide topic and blights many of our cases at some point or another.

This session will look at the remedies available to the Court in order to try to meet the conduct during the proceedings, to secure engagement and produce the documents. It will then look at the effect the conduct can have upon a final award and, finally, consider the options for an applicant who discovers or suspects non-disclosure after the proceedings have concluded.

Issues include:

  • What orders does the Court have at its disposal to compel disclosure though in personam orders
  • What punitive orders can the Court make to compel disclosure, engagement and compliance with orders
  • Banker’s Book Evidence Act 1879: orders against the bank including procedure
  • The drawing of inferences: how far does a Court have to go to determine the extent of missing assets
  • The effect upon an award of non-disclosure of assets
  • What an applicant can do if (s)he considers that there was non-disclosure during proceedings: what are the options and what criteria will the Court apply?
  • What orders would a Court make if an order is unpicked due to non-disclosure and how to proceed?

AM break

11.10am -12.10pm: ToLATA

(Chair) Greg Williams, Coram Chambers

This session will cover the common intention constructive trust and will include:

  • Beneficial ownership of properties
  • What is common intention and how do you find it?
  • What’s the difference between inference and imputation?
  • When can imputation can fill in the gaps?
  • The best way to proceed (and what to avoid doing) when Intervenors are joined in financial remedies cases

12.10pm -1.10pm: Pre & Post Nuptial Agreements

Rita Gupta, LGFL Limited

As family relationships become increasingly complex, this session will focus on relationship planning and wealth preservation in everyday cases.

  • A summary of pre-nuptial and post-nuptial agreements
  • The leading cases - Radmacher and Granatino
  • Requirements of a valid agreement with practical examples
  • Everyday examples of when a nuptial agreement would be appropriate in cases
  • Drafting tips
  • How to develop this area in your firm and to market it successfully

Break for lunch

2.00 - 3.00pm: Sacrament to Contract

Liz Cowell, McAlister Family Law

The Government has announced that no fault divorce will become a reality on 6th April 2022 when the Divorce Dissolution and Separation Act 2020 is finally implemented.

This session will focus on the journey taken over the past 150 years which has seen marriage become a dissolvable contract between two consenting and equal adults as opposed to a religious sacrament effectively transferring a woman’s rights and property from her family to her husband.

We will also look at the new administrative process whereby all divorce is now commenced on-line.

PM Break

3.15 - 4.15pm Cohabitation Agreements and Separation Agreements

Victoria Clarke, Elite Law Solicitors

This session will consider the key issues surrounding these agreements and will include:

  • Drafting tips
  • What are the pitfalls of cohabitation agreements, things to be mindful of and things to avoid
  • Any additional documents that could accompany the agreement e.g. declaration of trust or shareholder agreements
  • What claims can cohabitees actually make on separation under existing law e.g. maintenance, lump sum orders, property transfers

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.

Book now

Future dates are coming soon.
Please let us know if you wish to be notified.
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Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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