L v L [2006] EWHC 956 (Fam)

Undertakings: Considering the options

Danielle Taylor outlines the use, drafting and enforcement of undertakings in financial remedy proceedings ‘Standard orders now include a number of provisions that were previously incorporated into financial remedy orders as undertakings, for example the payment of a mortgage and other outgoings.’ Undertakings frequently feature in financial remedy orders that are made by either consent …

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Enforcement: Into thin air

Laura Guillon analyses a Court of Appeal decision where international assets and a reluctant party prevented the implementation of a financial consent order ‘The test for determining one or more of the circumstances in which a final consent order may be reviewed will vary, as while, for example, it is necessary to prove a fraud …

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Mediation: Over the line?

Alison Schmidt looks at the arguments for and against mediators drafting financial consent orders ‘Many mediators have reported an increasing number of requests from clients to convert the terms of the memorandum of understanding into a financial consent order capable of being lodged at court.’In November 2016, the Family Mediation Council (FMC) issued a member …

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Setting Aside: Playing the odds

In the conclusion to a two-part analysis, Frances Bailey and Claire Glaister look at the options when seeking to set aside a consent order ‘To successfully set aside a consent order on the basis of common mistake it must be shown not only that there was a common mistake, but that that mistake was fundamental …

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