1st Edition
Everything You Wanted to Know About Practising Family Law
First published in 2005. This book provides trainees and newly qualified solicitors with a first aid kit for dealing with the most common aspects of work in a busy family department, including domestic violence, private children matters, ancillary relief applications and cohabitation disputes.
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
Biography
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.
