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13 October 2023 / David Burrows
Issue: 8044 / Categories: Features , Family
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Couples' agreements: Settlement matters (Pt 2)

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In a second update on financial settlements, David Burrows focuses on couples’ agreements & issues a plea for change
  • How are agreements between couples, married or unmarried, dealt with?
  • Admissions against interest & the without prejudice rule.
  • Procedure: constructing an agreement or a court order recording terms.

In ‘Settlement matters’ it was explained that a married or civil partnership couple could claim to be victims of the dilatoriness of rule-makers. For 55 years rule-makers have had statutory powers to enable such couples to ask the family courts to uphold any agreement between them many weeks prior to any finalisation of their dissolution application.

The contrast for the position of the cohabitant couple who are unmarried or not in a civil partnership is clear. Unmarried couples are treated, in a sense, as adults who can reach their own agreement which the civil (ie not family) courts will uphold in contract or equity terms, and in a way which is not always the case with family courts judges. This article deals predominantly with agreements between cohabitant couples; but any

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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