Assistant Solicitor Norma Cronin and Senior Paralegal Mark Ablett explore ‘Ordering the would-be undertaker: the equitable reach of the Family Court’ in their new article in Family Law Week, the leading UK website dedicated to family law news.
Proceeding to a final hearing inevitably involves a high cost, which is more often than not disproportionate to the level of assets in a case. Combined with courts being inconsistent in their approach to financial remedy orders this can be hard to predict the outcome.
If a settlement can be reached, it is to the financial consent order that most family lawyers turn as a way of providing certainty to their clients. The drafting of these orders has arguably become considerably easier with the release of the financial remedy omnibus, prepared and approved by the financial remedy working group headed by Mr Justice Mostyn. Norma and Mark consider some practical drafting tips and the use of undertakings in securing commitments from the other party and how these fit in with the extent of the court’s powers.