David Salter

This Practice Note sets out the pre-IP completion day and transitional position in relation to proceedings in England and Wales and EU enforcement, including the definition of maintenance for the purposes of international enforcement in an EU Member State together with the applicable procedure (inward and outward), details of the role of Central Authorities and the relevant statutory provisions, having regard to the implications of Brexit. It also includes practical guidance on the Maintenance Enforcement Business Centre.

This Practice Note explains when the court can make an order for the sale of property in proceedings under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004 and practical considerations when seeking a sale. It also sets out the limited routes by which an interim order for sale may be sought and the steps to be taken where one party fails to execute a conveyance together with the procedure to be followed.

This Practice Note details the provisions in relation to an application for a freezing order to restrain dealings with assets which are the subject of a financial claim in family proceedings including requirements, procedure and relevant case law.

This Practice Note explains the implications of a costs order being made against a legally aided party. It covers limitations on such a costs order, when a legally aided party’s costs protection will come to an end, and the limited range of legal aid to which costs protection applies. It also details when a costs order may be made against the Lord Chancellor.

This Practice Note provides guidance on the implementation and enforcement of financial orders made in family proceedings where one of the parties has died. It considers the effect of the death of a party on applications and secured and unsecured periodical payments, lump sum orders, property adjustment orders and pensions orders.

This Practice Note sets out the basis of the courts’ jurisdiction in family proceedings, including the limited circumstances in which proceedings may be dealt with under the inherent jurisdiction of the court rather than under statute. The inherent jurisdiction largely relates to children proceedings and proceedings in the High Court. The implications of Brexit, including transitional provisions, are also considered.

This Practice Note sets out the remedies available under Part 20 of the Family Procedure Rules 2010 (FPR 2010), including interim injunctions, interim declarations, search orders and freezing orders.

This Practice Note details initial considerations in relation to international enforcement in family proceedings including the location of the debtor, reciprocal enforcement arrangements with EU and non-EU countries, and the significance of the type of order sought to be enforced, having regard to the impact of Brexit.

This Practice Note provides an introduction to the main UK tax provisions that impact on relationship breakdown and financial provision within family proceedings, including income tax, capital gains tax, inheritance tax and stamp duty land tax.

This Practice Note sets out the requirements and procedure in relation to the use of a judgment summons as a method of enforcing an order made in family proceedings, including human rights considerations. Where a debtor has the means to pay the debt and refuses or neglects to do so, the court may consider making a committal order.

This Practice Note sets out the basis of the courts' jurisdiction for proceedings for dissolution and separation orders for civil partners, both on or after 1 January 2021 and prior to that date, having regard to the implications of the UK’s withdrawal from the EU. It also covers residual jurisdiction.

This Practice Note sets out the basis of the courts' jurisdiction for proceedings for divorce and judicial separation, both on or after 1 January 2021 and prior to that date, having regard to the implications of the UK’s withdrawal from the EU. It also provides guidance on cases where there are competing jurisdictions.

This Practice Note sets out the application and scope of Brussels I and Brussels II bis in relation to jurisdiction in family proceedings within the EU and the determination of which Member State has jurisdiction. It also provides guidance on the EU Maintenance Regulation and its interaction with other provisions. For guidance on proceedings in non-EU countries, including proceedings and requests instituted in the UK post IP completion day (11pm on 31 December 2020), see Practice Note: Jurisdiction in overseas cases including cases with UK-EU connections issued after IP completion day. The implications of Brexit, including transitional provisions, are also considered.

This Practice Note provides guidance on issues relating to jurisdiction in overseas cases, including cases with UK-EU connections issued after 11pm on 31 December 2020 (IP completion day), and sets out the circumstances in which the courts in England and Wales will have jurisdiction in family proceedings, specifically under the Domicile and Matrimonial Proceedings Act 1973.

This Practice Note provides guidance on jurisdiction in children proceedings, having regard to the implications of Brexit. It deals with jurisdiction prior to (implementation period) IP completion day (31 December 2020), where transitional provisions will apply and jurisdiction on and after 1 January 2021. It also details the procedure to be adopted as to issues of jurisdiction in children proceedings.

This Practice Note details limitations on enforcement to be taken into account when seeking to enforce an order made in family proceedings, including time limits, interest, specific requirements as to periodical payments orders (including where arrears are more than twelve months old) and the transfer of proceedings.

This Practice Note sets out when information from government departments may be obtained to ascertain the address of a debtor/respondent where their whereabouts is unknown. It details the procedure for making an application, the relevant provisions of the Family Procedure Rules 2010 (FPR 2010), in particular FPR 2010, PD 6A and FPR 2010, Pt 18, and lists the information required by government departments.

This Practice Note details the requirements for an application for an order to obtain information from a judgment debtor, formerly known as an 'oral examination', including the criteria for such an order, procedure, hearing provisions and action that can be taken if the debtor fails to comply. Such an order is an aid to enforcement rather than an enforcement method.

This Practice Note sets out the requirements and procedure in relation to the use of a means of payment order (MPO) as a means of enforcing an order made in family proceedings. A MPO is an order requiring the payer of qualifying periodical payments to make payments in a particular way or that an attachment of earnings order (AEO) be made. It sets out the procedure to be followed and considers variation.

This Practice Note details the steps that should be taken in family proceedings to prepare for an appeal, requirements regarding the filing of documents, the powers of the appeal court and the orders that may be made. It also sets out the role of the appellate court, the test to be applied on appeal and key provisions of Part 30 of the Family Procedure Rules 2010 (FPR 2010) and PD 30A.