Financial III

Question 1

effect of disobeying court order

Answer 1

contempt of court

Question 2

what can the high/family court order re granting or varying periodical payment order

Answer 2

payment by standing order
payer to open a bank account
attachment of payer’s earnings

Question 3

attachment of earnings

Answer 3

r’s employer deducts specified sum from r’s earnings (amount of maintenance + arrears)

Question 4

what should attachment of earnings order specify

Answer 4

protected earnings rate below which r’s wages cannot fall

Question 5

warrant of control

Answer 5

enables high court enforcement officer to seize & sell assets belonging to r sufficient to meet outstanding sums

Question 6

third party debt order

Answer 6

a can receive payment direct from third party who owes R money (bank or building society) account must be in r’s sole name

Question 7

24mca

Answer 7

court can make an order for sale to enforce lump sum/secured ppo

Question 8

charging order

Answer 8

a applies to charge land / securities r owns or in which r has an interest-> interim charging order

Question 9

judgement summons

Answer 9

court can commit r to prison where r has defaulted/has means to pay is refusing to do so

Question 10

what if r fails to execute docs required to effect a PAO

Answer 10

court can order the doc to be executed by another person, usually district judge on their behalf s39 sca

Question 11

how can a fo be appealed against

Answer 11

permission to appeal obtained (where there is a real prospect of success/ compelling reason why appeal ought to be heard)
appeals allowed where earlier court has erred in law, decision outside range of reasonable disagreement/plainly wrong, or there was a serious procedural or other irregularity that makes the decision unjust

Question 12

when can arbitral award be challenged

Answer 12

on the basis that the arbitrator has no jurisdiction to make the order, there was a serious irregularity, or point of law

Question 13

when can party set order aside

Answer 13

fraud- one party misrepresents asset size
non-disclosure of material evidence
mistake
events occurring after order is made

Question 14

types of county court order that can be varied 31(2) MCA

Answer 14

maintenance pending suit, interim maintenance
PPO, secured PPO
payment of lump sum by instalments (number and amount of instalments so overall payment amounts stays the same)
lump sum re pensions
sale of property that was made to enforce LSO

Question 15

orders that cannot be varied

Answer 15

lump sum order
transfer of property/settlement of property
pension sharing order
pension sharing order

Question 16

what does it mean where an order states ‘liberty toapply’

Answer 16

doesnt allow courts to vary the order

Question 17

factors to be considered re variation

Answer 17

s31(7) mca - all circumstances with first consideration to the welfare of any child not yet 18

Question 18

what if needs have been created by recipients own financial mismanagement

Answer 18

payer unlikely to be expected to meet them mills

Question 19

are cohabitation agreements binding

Answer 19

yes

Question 20

radmacher

Answer 20

recognised pre nups however stated that this does not oust court jurisdiction

Question 21

when might courts take into account pre-nup agreements

Answer 21

as one of the circumstances of the case/conduct which would be inequitable to disregard s25 mca

Question 22

when will a prenup carry full weight per radmacher

Answer 22

parties enter into it of their free will, without undue influence, informed of its implications

Question 23

how can pre nup be vitiated wc v hc

Answer 23

undue pressure

Question 24

when will prenup not be upheld

Answer 24

prejudice reasonable requirements of any child/circumstances change in such a way that was not envisaged when the agreement was entered

Question 25

what must prenup comply with

Answer 25

contract principles- offer, acceptance, ICLR, certainty, consideration

Question 26

s2 LPMPA

Answer 26

all terms for any contract must be in writing, and signed by all parties

Question 27

what is a postnup agreement

Answer 27

agreement to regulate financial arrangements during marriage and after separation

Question 28

what is a separation agreemetn

Answer 28

agreement providing for maintenance, care of children, and division of any property

Question 29

what must be provided for a separation agreement to be upheld

Answer 29

full and frank disclosure

Question 30

in a separation agreement, are provisions for PPO binding

Answer 30

yes- save as to CMS jurisdiction (Cant be ousted)

Question 31

advantage of postnup/separation agreement

Answer 31

can be entered into quickly, cheaper than litigation, flexible

Question 32

edgar

Answer 32

formal agreements, properly and fairly arrived at, with competent advice should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding parties to the terms of their agreement

Question 33

when can courts vary separation agreement

Answer 33

if agreement comes within definition of a maintenance agreement under s34(2) MCA

Question 34

what if a provision in a maintenance agreement restricts right of either party to apply for financial provision

Answer 34

will be void