header-logo header-logo

04 September 2015 / Jonathan Herring
Issue: 7666 / Categories: Features , Family
printer mail-detail

Aggrieving agreements

nlj_7666_herring

AC v SC provides an important reminder of the weight to be attached to FDR agreements, says Jonathan Herring

Given the huge cut backs in legal aid, increasing emphasis is now placed on encouraging parties to a family law dispute to reach agreements themselves. But what if some issues are agreed to and some are not? What is the position of the agreement at the final hearing? That is an issue which is likely to become an ever more significant one in the years to come. It was addressed by Wildblood QC in the family court at Bristol in AC v SC [2015] EWFC B76.

The couple were in their mid-40s and had married for around 20 years. The wife lived in the former matrimonial home. The husband and wife had divorced and attended a financial dispute resolution appointment (FDR). There a settlement was reached between them on many matters. On maintenance the recorded agreement was: “The respondent will pay maintenance including spousal maintenance for five years with a ban on extending the term.” However, there was no agreement on the question of quantum and that was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll