Everything You Wanted to Know About Practising Family Law

ISBN-13: 9781859418123 / Angielski / Miękka / 2004 / 242 str.

Elissa Da Costa; Costa Elissa Da

Opis

This new book is designed to assist those new to family law or those for whom it is not their main area of practice. The book is supported by checklists and takes trainees and new practitioners through the most common types of family work in a practical way. The emphasis of the book is on the skills involved in the different types of cases and applications and how to apply them. Pointers on what to watch out for are included. The book assists trainees and newly qualified solicitors in the skills of interviewing the client. negotiating techniques. case preparation and advocacy and drafting. The areas of practice covered are Domestic Abuse. Children Act applications. Ancillary Relief applications and Cohabitation claims.

Spis treści

SECTION 1: DOMESTIC ABUSE The law and where to find it 1 The Family Law Protocol 2 The first meeting with the client 3 Making an application to the court 4 Drafting statements in domestic abuse cases 5 Making your client’s application at court 6 Addressing the bench The return date hearing 8 Ethical issues SECTION 2: APPLICATIONS UNDER THE CHILDREN ACT 1989 The law and where to find it 1 Interviewing the client 2 Case preparation 3 Drafting statements 4 The welfare report 5 Negotiation 6 Conducting the negotiation 7 Agendas 8 Beginning the negotiation 9 Managing clients’ expectations 10 Drafting the consent order SECTION 3: ANCILLARY RELIEF APPLICATIONS, The law and where to find it 1 The Pre-Application Protocol 2 Interviewing the client 3 Case preparation 4 The detective work 5 Analysing the ‘other party’s’ disclosure 6 Preparing for the First Appointment 7 When to use the First Appointment as an FDR 8 Further disclosure 9 Instructing an expert 10 Preparing for the FDR 11 Preparing for a final hearing 12 Drafting orders 13 Negotiation techniques SECTION 4: COHABITATION CASES Introduction The law and where to find it 1 What is a cohabitant? 2 Ownership of property 3 Advising on separation 4 Trusts 5 Home improvements 6 The engaged couple 7 Quantifying the beneficial interest 8 Agreement to vary beneficial interests 9 Separation agreements for cohabitants 10 Procedure 11 Case preparation 12 Drafting the documents 13 Case management 14 Section 17 of the Married Women’s Property Act 1882 15 Contents of the home/chattels 16 Joint bank accounts 17 The Children Act 1989

O autorze

Elissa Da Costa, LLM, is a Barrister practising exclusively in family law, specialising in matrimonial finance and cohabitation claims. She has created the Family Law Electives on the College of Law Professional Skills Course and continues to deliver courses for the Continuing Professional Development of Solicitors.