Financial Remedy Cases - How to Draft Clear & Effective Consent Orders

Introduction

This webinar will consider matrimonial consent orders in financial remedy cases.

Drafting and perfecting a consent order is a critical part of your work for your client. A consent order should give full effect to the terms of agreement and not leave ‘gaps’ which need to be filled by further negotiations or litigation down the line. Even with the benefit of the President’s standard financial remedy orders, you will often encounter challenging technical or practical issues which require further consideration and drafting.

It is a primary principle of the Financial Remedies Court for FRC Judges to assist compromise, including by being ‘ever-mindful’ of opportunities for parties to reach negotiated settlement. It follows that practitioners should see a steady increase in their consent order drafting caseload and need to be competent and confident in this area of practice.

What You Will Learn

This webinar will cover the following:

• Consent orders for use under the Accelerated First Appointment Procedure
• Xydhias Agreements and Rose Orders
• Undertakings and enforcement
• Recitals and agreements
• Indemnities and the court’s power to order them
• Key considerations in property adjustment orders including Mesher orders
• Lump sum orders and how to draft them
• Filing a consent order
• Statement of information - the new D81
• Consent orders following arbitration
• Setting aside a consent order - the principles to keep in mind when drafting a consent order

This webinar was recorded on 18th August 2022