If he thought that wardship would secure for her, or for the adoptive parents, any advantage not available in
ordinary family proceedings under Pt 2, he was mistaken in that respect also.»
Not exact matches
It noted that in
family proceedings, unlike in
ordinary civil
proceedings, consent orders are binding and enforceable as a result of the court endorsing the agreement, rather than as a matter of contract.
«matrimonial cases were different from
ordinary civil cases in that the binding effect of a settlement embodied in a consent order stems from the court's order and not from the prior agreement of the parties... in
family proceedings there is always a duty of full and frank disclosure, whereas in civil
proceedings this is not universal».
The judge commented that the «
ordinary or default position» was, therefore, that a party ordered in
family proceedings to make a lump sum payment would not be released from his obligation to make the payment merely by virtue of his bankruptcy.