Section 25 Conduct in Family Remedy Applications

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Course Overview

This course will focus on financial remedies, formerly ‘ancillary relief’ in family law cases and will examine the process by which the Court determines how fairly to distribute assets between former spouses or civil partners following a divorce or dissolution of the civil partnership.

This course will provide family law practitioners with an in-depth examination of s. 25 and will concentrate on conduct cases in particular. The general principles on which Courts act when deciding what the parties’ financial resources are and how to divide these matrimonial assets fairly will also be considered.

Trainees, legal executives and paralegals who wish to increase their knowledge of this area of family law practice will also benefit from viewing this course.

The following topics and relevant case law will be considered:

  • Duration of the Marriage
    • Miller v Miller [2006] 1 FLR 151
  • Compensation
    • SA v PA [2014] EWHC 392 and H v H,
  • Sharing
    • SA v PA [2014] EWHC 392
  • Income and Earning Capacity
    • Murphy v Murphy [2014] EWHC 2263
  • Conduct
    • Sexual Assault
      • S v S (1982) Fam Law 183
      • Dixon v Dixon (1974) Fam Law 58
      • S v S (Non-Matrimonial Property: Conduct) [2007] 1 FLR 1515
    • Violence
      • Armstrong v Armstrong (1974) 118 SJ 579
      • Jones v Jones [1976] Fam 8
      • Al-Khatib v Masry [2002] 1 FLR 1053
      • H v H (Financial Relief: Attempted Murder as Conduct) [2006] 1 FLR 990
    • Financial Misconduct
      • B v B (Financial Provision: Welfare of Child and Conduct) [2002] 1 FLR 555
      • A v A (A Minor: Financial Provision) [1994] 1 FLR 657
      • Tavoulareas v Tavoulareas [1998] 2 FLR 418

What are the requirements?

  • Watch 1 hour recorded webinar
  • This course provides one CPD point

Learning Outcomes

  • On completion of this course you will:

    • Be aware of the general principles the Court adheres to when deciding how to divide matrimonial assets
    • Be familiar with the process the Court follows when divide matrimonial assets and be able to advise the client accordingly
    • Understand the importance of s.25 Matrimonial Causes Act 1973

What is the target audience?

  • Practitioners

Keywords

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About Instructor - Alison Burge

Alison is a member of the Family Bar Association and a key member of Pump Court Chambers' Private and Public Law Children teams.  Alison has a busy Court practice and regularly appears in the Family Court at all levels.  Alison has expertise in private children law matters which often involve domestic abuse and cases which require the involvement of a Guardian.  Alison also deals with applications to remove children from the jurisdiction and matters involving child abduction.

In addition, Alison has considerable experience in all areas of public law and regularly accepts instructions on behalf of Local authorities, parents and children, as well as on behalf of third parties.  Alison has a wealth of experience representing parents with mental health and substance use difficulties as well as those with learning disabilities and has dealt with matters in which the Official Solicitor has been invited to act.

Course Curriculum

Recorded Webinars

  • Webinar
    00:57:19

Documentation

  • Slides
    18 Page

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  • Price
  • £ 60