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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 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 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 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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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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Guide to Good Practice in 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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Guide to Good Practice in 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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Guide to Good Practice on 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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Guide to Good Practice on 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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Guide to Good Practice on the service of documents

Service of documents is a particularly sensitive area. It is sometimes essential that documents are served upon the other party personally, but this could inflame the situation and be counterproductive to the aims and ethos of the Resolution Code of Practice.

This guide looks at the issues and ways in which service of documents can be achieved in a constructive way, in order to avoid increasing the acrimony between the parties.

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