Family law from sweet&maxwell

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NEW DEVELOPMENTS IN FAMILY LAW FROM SWEET & MAXWELL Todds’ Relationship Agreements New Title Pensions on Divorce 2ND Edition

SWEET & MAXWELL

TODDS’ RELATIONSHIP AGREEMENTS Richard Todd QC and Elisabeth Todd Todds’ Relationship Agreements is the single definitive resource focussing on all relationship-generated agreements including pre and post-nuptial agreements, setting out the history, detailing the drafting issues and explaining what is and is not permissible with such agreements. You’ll find this new title contains precedents for contracts along with explanations of what should and shouldn’t be included as well as a discussion on the conflict of laws.

Divided into two parts the first provides a detailed explanation of the area of the law, the importance of particular items and the necessity for certain clauses whilst providing you with assistance in solving problems as well as drafting agreements. The second part contains precedents and close guidance on drafting agreements.

YOU’LL FIND THIS NEW TITLE:

NEW TITLE

ISBN: 9780414023031 Publishing: August 2013 Price: £100.98 (inc. VAT)

• Explains and sets out the law relating to all relationship agreements: Cohabitational, Prenuptial, Post-nuptial, agreements in respect of children, ‘Edgar’ agreements and marital settlements • Details precisely how to decide if the agreement was unconscionable at the date of its inception, considering duress, undue influence, mistakes, inadequate legal advice, etc.

• Suggests a framework for calculating fair figures to put in a pre-nup and a methodology for determining these • Specifically addresses conflicts between jurisdictions – the key issue behind the landmark Radmacher case • Contains a comprehensive glossary of terms which also identifies the differences between the agreements • Considers the historical development of these agreements, placing them in context

CONTRIBUTING AUTHORS

Richard Todd QC Richard is a barrister at 1 Hare Court and was lead counsel in landmark Radmacher v Granatino case and a Recorder and prospective Deputy High Court Judge of the Chancery Division. He is also the lead editor of Sweet & Maxwell’s Practical Matrimonial Precedents and has been called to the Bar in the Cayman Islands and Hong Kong.

Elisabeth Todd Elisabeth is a member of the Chancery Bar Association (having been at 7 New Square – now Maitland Chambers). In addition she is a civil Deputy District Judge.

• Offers detailed drafting guidance • Details the current status of these agreements in English law • Examines the enforceability of these agreements against third parties, e.g. estates • Details the tax considerations on entering such agreements • Looks at the use of ‘fault’ clauses in pre-nups, e.g. different provisions in the case of adultery • Summaries of, and key extracts from, leading cases • Includes a back-of-book CD containing all the precedents and checklists

CONTENTS TODDS’ RELATIONSHIP AGREEMENTS

PART I INTRODUCTION

1. Glossary (difference in the agreements.)

2. General introduction.

PART II MATTERS COMMON TO ALL RELATIONSHIP AGREEMENTS

A Was the agreement unconscionable at the date of its inception?

–– 1. Duress.

–– 2. Undue influence.

–– 3. Mistake.

–– 4. Material non-disclosure.

–– 5. Absence or inadequacy of legal advice.

–– 6. Clauses which oust the jurisdiction of the Court.

–– 7. Severability.

–– 8. Other matters which might vitiate an agreement.

a. Sunset clauses.

b. Presence of children.

c. Timing of the agreement.

B Agreements which are manifestly unfair at the date of their enforcement.

C Enforceability of these agreements against Third Parties (including Estates).

D The tax considerations on entering relationship generated agreements.

PART III COHABITATIONAL AGREEMENTS

1.

2.

3.

4.

5.

6.

History of these agreements.

Current status in English law.

Form of the agreement.

Special considerations for property agreements.

The extent to which these agreements are enforceable.

Exceptional clauses.

–– a. Contracts for regulating day to day living.

–– b. Sex clauses.

PART IV PRE-NUPS

1.

2.

3.

4.

Historical development.

Current status in English law.

Special considerations for pre-nuptial agreements.

“Fault” clauses (e.g. different provision in the event of adultery).

5. The extent to which these agreements are: –– a. Enforceable.

–– b. Variable.

PART V POST-NUPS

1. History and development of these agreements.

2. Current status in English law.

PART VI MARITAL SETTLEMENTS

1. History.

2. Definition.

3. Current status in English law.

4. Enforceability.

PART VII EDGAR AGREEMENTS

1. The difference between Xydhias, Edgar, Soulsbury and Rose orders.

2. Necessary requirements.

3. Factors undermining the basis of such agreements (Barder events).

4. Procedure for enforcing.

5. The duty of promptitude.

6. Abbreviated hearings.

PART VIII AGREEMENTS IN RESPECT OF CHILDREN

1. Approach to Variation of Trust Act applications.

2. Morgan v Hill agreements.

3. Tracey v Tracey orders for school fees.

PART IX CONFLICTS BETWEEN DIFFERENT JURISDICTIONS IN RESPECT OF AGREEMENTS.

PART X SOURCE MATERIALS

Relevant sections from the Matrimonial Causes Act 1973 (as amended), the Law Reform (Miscellaneous Provisions) Act 1989, the Land Registration Act 2002.

Extracts from The Family Proceedings Rules 2010 (as amended).

Quotations from leading cases.

PART XI PRECEDENTS

With each precedent will be a procedural check list.

PART XII (A BACK-OF-BOOK CD CONTAINING ALL PRECEDENTS, CHECKLISTS, ETC.)

PENSIONS ON DIVORCE Edward Hess, Fiona Hay and David Lockett This new 2nd edition explains in an accessible fashion one of the most technical and pitfall-strewn areas of family law practice. It looks at the law and procedure relating to the redistribution of pension rights on divorce, covering the different types of pensions, the powers and procedures of the court, the actuarial issues involved, and how to deal with the many different situations that can arise.

The 2nd edition has been completely updated to cover new legislation, with extensive notes on current regulations.

REUTERS/Jim Young

YOU’LL FIND THIS TITLE:

• Explains what powers the court has to intervene and redistribute pension rights • Goes through the procedural mechanisms which the court will follow in carrying out intervention and redistribution • Discusses the circumstances in which the court will consider it appropriate to intervene and redistribute pension rights or make some other compensatory provision • Examines the options available to the court when there is no definitive ruling • Looks at the actuarial issues that can arise • Includes all the standard forms required • Features a comprehensive series of tables and ready-reckoners to assist in determining the best course for clients

CONTRIBUTING AUTHORS

2ND EDITION

ISBN: 9781908013194 Publishing: August 2013 Price: £95

Edward Hess is a District Judge at the Principal Registry of the Family Division.

He was formerly a Barrister specialising in money cases. He regularly lectures on Pension related issues, including at the Judicial College.

David Lockett is an actuary at the Actuaries for Lawyers. He has worked in occupational pensions for 24 years. He regularly lectures on pensions in divorce issues, including at the Judicial College.

Fiona Hay is a barrister specialising in financial relief cases. She also sits as a Recorder on the Midland Circuit.

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CONTENTS PENSION ON DIVORCE

SECTION A: LAW AND PROCEDURE

Chapter 1. Different types of pension Chapter 2. Cash Equivalents Chapter 3. Historical overview of pension redistribution by the courts on divorce Chapter 4. Law and procedure in relation to Pension Sharing Orders Chapter 5. Law and procedure in relation to Pension Attachment Orders Chapter 6. International Issues Chapter 7. Pensions on Divorce and Insolvency Chapter 8. Solutions for cases in which Pension Sharing Orders are not appropriate Chapter 9. The work of the Pensions Ombudsman Chapter 10. Implementation Issues Chapter 11. Pension sharing and attachment on dissolution of civil partnership Chapter 12. The Section 25 factors, Fairness and Equality in relation to pensions Chapter 13. Off-setting SECTION B: ACTUARIAL SECTION

Chapter 14. Actuarial issues arising from the use of CEs Chapter 15. The “shorter career” public sector schemes Chapter 16. Some “longer career” public sector schemes Chapter 17. Some private sector schemes SECTION C: RELEVANT LEGISLATION

Statutes • Matrimonial Causes Act 1973, sections 21A, 21B, 21C, 24B, 24C, 24D, 24E, 24F, 24G, 25, 25A, 25B, 25C, 25D, 25E, 25F, 25G, 28, 31, 37, 40A and 40B • Welfare Reform and Pensions Act 1999, sections 11, 23, 24, 26, 27, 28, 29, 31, 33, 34, 35, 41, 46, 47, 85(3) and schedules 5 and 6 • Matrimonial and Family Proceedings Act 1984, sections 17, 18, 19, 20 and 21 • Pension Schemes Act 1993, section 1 • Pensions Act 2008, sections 107, 108, 109, 111,112, 116, 117, 118 and 120 • Insolvency Act 1986, sections 342A, 342B and 342C Statutory Instruments • Family Procedure Rules 2010 (SI 2010/2955) (as amended) rules 9.3, 9.4, 9.14, 9.15 and 9.29 to 9.45, Practice Direction 9A, paragraphs 10 and 11 and Practice Direction 25D

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• Pensions on Divorce etc (Provision of Information) Regulations 2000 (SI 2000/1048), regulations 2-5 and 7-8 • The Pensions on Divorce (Charging) Regulations 2000 (SI 2000/1049), regulation 9 • The Pension Sharing (Valuation) Regulations 2000 (SI 2000/1052), regulations 1 and 2 • The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 (SI 2000/1053), regulations 3 and 5-6 • The Divorce etc. (Pensions) Regulations 2000 (SI 2000/1123), regulations 3 and 9 • The Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations 2000.

SI 2000/2693, regulations 1-4 • The Occupational Pension Schemes (Transfer Values) Regulations 1996 (SI 1996/1847) as amended by The Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (SI 2008/1050), regulation 7 • The Personal Pension Schemes (Transfer Values) Regulations 1987 (SI 1987/1112) as amended by The Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (SI 2008/1050) and The Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (SI 2008/2450), regulation 3 SECTION D: MISCELLANEOUS MATERIALS

• • • • • • • • • • • • •

FORM E, paragraph 2.13 FORM P – Pension Inquiry Form FORM P1- Pension Sharing Annex FORM P2 – Pension Attachment Annex FORM PPF – Pension Protection Fund Inquiry Form FORM PPF1- Pension Protection Fund Pension Compensation Sharing Annex FORM PPF2 – Pension Protection Fund Pension Compensation Attachment Annex FORM D81 - Statement of information for a Consent Order in relation to a financial remedy FORM BR 19 – State pension forecast FORM BR20 – Additional State Pension valuation Sample letters of instruction to a pensions actuary for an expert’s report Income Equality tables State Pension Age tables

PART V POST-NUPS

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