FLA BANK OF CLAUSES
In September 2015 we held an FLA workshop/seminar on Minutes of Agreement. This was in large part prompted by a concern that a style Minute of Agreement drafted by FLA members following a seminar which took place on 19 June 2001 may still be in circulation.
At our 2015 seminar we discussed the risks associated with relying on outdated styles given the significant changes which have taken place in family law, pensions and conveyancing which obviously have to be taken account of when drafting Minutes of Agreement.
It was agreed that, whenever drafting a Minute of Agreement, it is dangerous to rely on a single style. Therefore, rather than simply produce an updated style we decided that it might be more helpful to try to collate a bank of style clauses for members to add to their own existing style clauses.
Please find attached some style clauses which Advocates Jane Rattray and Rachel Shewan very kindly produced together with some conveyancing clauses which are from what has become known as the “Dundee Style” Minute of Agreement. Clearly this is an area which is constantly evolving. In particular the conveyancing clauses continue to be reviewed.
For ease of reference we are also putting the style clauses in the library section of the members’ area on our new website.
Separately, should members wish to add any other style clauses they feel may be helpful to share, please feel free to post any such style clauses on the forum.
It, of course, goes without saying that particular care must be taken to ensure that the precise wording of any individual clause is absolutely appropriate for each of your individual client’s requirements. Therefore, these style clauses should not be considered in anyway definitive but may be a useful tool when drafting.
Family Law Association Committee