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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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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

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Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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