CPD

2. Marital Agreements - NEW DATE - Rescheduled from 01.12.2010 - sponsored by HFS Milbourne

Speaker - David Hodson

Course Ref:
MARI/2/01/12/10 
Date:
Thursday 20th January 2011 
Time:
2.00pm - 5.15pm Registration 1.30pm with tea and coffee 
Venue:
Denbies Suite, First Floor. Denbies Wine Estate, Dorking View on Google Maps  
CPD:
3.0 hours 
Cost:
££114.00 inc 20%VAT (SLS Members) £228.00 inc 20%VAT (Non-Members)  

Course outline

The Supreme Court decision in Radmacher of 20 October 2010 is the most important decision on the status of premarital agreements but also on marital agreements generally.  It will be followed quickly by Law Commission proposals.  This seminar looks at the decision including the many contributions by the Supreme Court judges, analyses the outcome, considers the impact on the wide range of pre-marriage, marital, separation and cohabitation agreements and looks at good practice

For many years, family lawyers and family courts have been relying on self help documents to know that the overall financial circumstances of the party, especially against the nondisclosing party.  The Hildebrand disclosure principles were well-known and worked well.  Suddenly the Court of Appeal in a decision directed much more to civil law and family law has changed all the rules and the law.  Now clients must be very careful.  Moreover solicitors are in the firing line from claims from the other spouse.

The Supreme Court decision in Radmacher:  the present status of marital agreements and good practice:-
  •  the background to Radmacher
  •  what was the outcome of the judgement in the Supreme Court
  •  what were the component features of the various judgements
  •  what is now the law on pre-marriage agreements
  •  what is the ongoing difference between marital and premarital agreements
  •  what is the status in family law of agreements of various forms
  •  the international element
  •  recommended good practice

Self-help of disclosure documents after Imerman:-
  •  the importance of self help
  •  Hildebrand
  •  post Hildebrand cases
  •  Imerman, the facts, the civil decision and the family court decision
  •  the Court of Appeal decision, its rationale and reference to confidentiality
  •  the outcome and the present law
  •  available alternative remedies
  •  good practice and case management implications

To book this course online please follow the instructions given at the bottom of this page.  To download our CPD Booking Form, please click here.

About the speaker(s)

David Hodson is a family law dispute resolution specialist.  He is a English solicitor (1978 and accredited 1996), mediator (1997), family arbitrator (2002), Deputy District Judge at the Principal Registry of the Family Division, High Court, London (1995) and an Australian (NSW) solicitor (2003) and mediator.  He deals with complex family law cases, often with an international element.

He is practising in London and Surrey, England and Sydney, Australia.  He is a consultant at and co-founder of The International Family Law Group, www.iflg.uk.com and runs Panorama Legal Services, Guildford.

He is past chairman of the Resolution/Solicitors Family Law Association's Financial Provision Reform Committee, Training Committee and Good Practice Committee and member of its International Committee.  He is a member of The President’s International Committee.  He is past vice chair of the UK College of Family Mediators, the umbrella organisation for family mediation.  He is co-author of “Divorce Reform: a Guide for Lawyers and Mediators”, “The Business of Family Law” “Guide to International Family Law” and consulting editor of “Family Law in Europe”.  He is a SFLA Accredited Specialist (with portfolios in Substantial Assets and International Cases), a Fellow of the International Academy of Matrimonial Lawyers, a past trustee of Marriage Resource and member of the Family Law Section of the Law Council of Australia and a member of the Lawyers Christian Fellowship.  He is chair of the Family Law Reform Group of the Centre for Social Justice.


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