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The Review
The Review Issue 213

The Review Issue 213

For every issue of The Review we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.

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Good Practice Guide
Resolution’s Good Practice Guides

Resolution’s Good Practice Guides

As part of Resolution's Code of Practice members are asked to use the Good Practice Guides as part of their day to day work. These represent Resolution's core value and are designed to offer knowledge and guidance to our members.

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Guidance Notes

Guidance note: Helping clients put children first

Clients going through separation and divorce often ask questions about how best to manage the impact of the process on their children. As family lawyers we may not feel especially equipped or trained to address these queries. Many clients will not seek help from other professionals, such as counsellors or psychologists, so our role as legal advisers provides an important opportunity to provide simple and constructive information and advice that can help these parents put their children at the forefront of the process.

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Guidance Notes

Guidance note: Surrogacy

Surrogacy is an area of family law that is on the rise and many practitioners all over the country are being asked to give advice. Whilst there are surrogacy lawyers who specialise in this work, all of us should be equipped to deal with a surrogacy enquiry and to refer on where necessary.

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Guidance Notes

Guidance note: court bundles

A revised practice direction came into effect on 23 July 2018 relating to the preparation of bundles within court proceedings. Revised PD27A gives instructions on how to prepare bundles for cases in the Family Court and High Court. The new practice direction applies to all court hearings before magistrates and judges sitting in the Family Court, and judges sitting in the Family Division of the High Court. It applies to bundles being lodged for the first time in a case, or whether they are being re-lodged for a further hearing.

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Guidance Notes

Guidance Note: Preparing Pre- and Post-Marital Agreements

Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in recognition of this increasing role that this guidance note on dealing with them has been revised. If these agreements are not a mainstay of your practice then it is important for you to consider instructing specialist counsel to provide an opinion on the content of the proposed agreement, review the advice you have given or draft the agreement itself.

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Guidance Notes

Guidance note: Disclosure in financial order cases

There is a fundamental principle that full and frank financial disclosure is needed in order for any consensus to be capable of forming a binding agreement, arbitral award and/or court order, irrespective of the process used to get there. This principle has been established for many years, although tested from time to time in the courts – sometimes with unexpected results. The law continues to develop.

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Guidance Notes

Guidance note: Instructing experts in proceedings involving children

The object of all dispute resolution is to clarify facts and narrow issues. The use of experts may be considered in child-related situations, including proceedings. Those involved in assisting parties, including the court, may be helped by an expert’s findings in relation to injuries or medical complaints, psychological problems including attachments, or even how children have reacted in a supervised contact centre.

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Guidance Notes

Guidance note: documents following the Family Procedure Rules 2010

The Family Procedure Rules 2010 (FPR 2010) came into force on 6 April 2011 and made a number of changes to the way in which familiar documents need to be presented.
This practice guide is not intended to set out all of the forms that are in place; the list of forms is extensive and we recommend that you make yourself aware of them. The purpose of this guide is to highlight the key points in relation to the requirements when finalising and submitting documents in relation to family proceedings. All references are to the FPR 2010, unless otherwise stated.

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Practice Support

Litigants in Person - Advice for members

Resolution members have increasingly found they must work with litigants in person (LiPs).

In this article we address some key questions you may have when working with litigants in person and provide some top tips for communicating with your client when a litigant in person is involved.

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Audio and podcasts

What is Parenting Co-ordination?

In this audio recording of their workshop, Gillian Bishop and Felicity Shedden, explore how parenting co-ordination supports parents in high conflict to implement final child arrangements orders or parenting agreements.

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Guidance Notes

Guidance Note: Fertility cases

Issues regarding fertility law have increased significantly in the last few years and members are now likely to encounter such issues on a more frequent basis. There are family lawyers who have a particular specialism in fertility law but it is an area in which we should all be able to give advice and assistance when requested. This guide aims to assist our members on best practice in this area.

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Guidance Notes

Guidance Note: Cohabitation cases

Non-married cohabiting relationships look set to continue to increase year on year, so advising clients embarking on cohabitation, those already living together wanting to understand their ‘rights’ and those whose cohabiting relationship has broken down, will form an increasing part of the workload of family lawyers. This guide aims to assist Resolution members and their conveyancing lawyer colleagues to manage these cases effectively, in accordance with our Code of Practice.

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Guidance Notes

Guidance Note: Funding options

It is very common, particularly once court proceedings have commenced, for one or both parties to struggle to meet ongoing legal fees. The parties are usually already struggling to adapt to financially supporting two separate households and may be unable to release funds from assets held in joint names, for example.

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Good Practice Guide

Good Practice Guide to social media

Social media can be a useful resource for family solicitors to connect with the public and other professionals, publicise campaigns, raise the profile of members and communicate about the work we do. As it can potentially reach a very wide audience, we must be careful about how our use of social media impacts on our client-related work.

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