Lecture notes
Family Law and Practice LPC LG04 D1
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice LPC LG04 D1
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LEGAL PRACTICE COURSEFamily Law
Large Group 4
Topic(s):
Maintenance Pending Suit
Orders under s 37 MCA 1973
Pre-nuptial agreements
Separation agreements
Learning Outcomes:
By the end of this session you will be able to:
Understand the procedure for maintenance pending suit
Understand the circumstances in which the court will make an order under s 37 MCA
Understand the nature and effect of pre-nuptial and also separation agreements
Session Activities:
Tutor led discussion
Materials Attached:
In-Session Task: Session outline and notes
Example freezing injunction
Post-Session Task: Setting Aside Dispositions
Materials to Be Released:
Suggested answer to post-session exercises (d2)
Preparation for Session:
Review chapters 4, 8-10 of CLP Family Law in Practice (can be reviewed after the class)
Read chapters 11 and 12 of the manual (can be read after the class if needed)
Read Radmacher v Granatino [2010] UKSC 42
Post-Session:
Review your notes from the session and read to ensure you understand fully all parts of
the procedure
docs_865965669.docx 1/20 © City, University of London 2019
,© City, University of London 2019 2/20 docs_865965669.docx
, LEGAL PRACTICE COURSE
In-Session Task – Session Outline and Notes
This session:
1. Financial Remedies- Practice and Procedure
2. Maintenance Pending Suit
3. Orders under s 37 MCA 1973
4. Pre-nuptial agreements
5. Separation agreements
1. Introduction
1.1 Learning Outcomes
By the end of this session you will be able to:
Understand the procedure for Maintenance Pending Suit
Understand the circumstances in which the court will make an order under s 37 MCA
1973
Understand the nature and effect of pre-nuptial agreements
Understand the nature and effect of separation agreements
2. Maintenance Pending Suit
• Financial remedies procedure can take upwards of a year from form A to final order
• Rule- no order until decree nisi and no enforcement until decree absolute (so if one
party does not pay, then cannot enforce until get decree absolute)
• In most cases parties will reach interim agreement
• MPS is for those cases where no agreement (first go through mediation, mandatory
process, and most parties will reach an interim agreement during this, a voluntary
agreement between both parties, but where cannot reach an agreement then seek an
MPS→ do not need to wait for decree nisi→ to give solution until final settlement)
• Parties can agree their own “interim” maintenance payments i.e. there may no need to
apply for this Order
• BUT
• Interim payments - Implication that paying party can afford/payee can manage.
-Short-term financial issues, where one party cannot meet its liabilities, and the other does
not want to contribute, then apply to court for a MPS→ see circumstances of case
-In most cases, parties will agree a voluntary interim payments so no need an order
-But voluntary disclosure by one party indicates that party has money, so may not do that at
such an early stage→ if advising paying party, should not disclosure too much, as if want to
reduce payments later, will become difficult
It is important to ensure that your client has sufficient funds to meet living costs and legal
costs until the claim is disposed of.
2.1 Interim agreements
In the vast majority of cases, the parties are able to come to an interim voluntary agreement.
If the case is one where one party requires some form of financial support from the other, this
will take the form of voluntary interim maintenance. A common example of this is when the
husband leaves the former matrimonial home but continues to discharge the monthly
mortgage and/or utility bills. It may also take the form of direct payments by way of standing
order.
docs_865965669.docx 3/20 © City, University of London 2019
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