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Latest Family News

Family monthly highlights—July 2021

Family monthly highlights—July 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Family news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Order authorising the sale of a minor’s property (Re Shanavazi)

Order authorising the sale of a minor’s property (Re Shanavazi)

The following Family news provides comprehensive and up to date legal information on Order authorising the sale of a minor’s property (Re Shanavazi)

Featured Family content

Property adjustment orders—procedural issues and drafting the order

Property adjustment orders—procedural issues and drafting the order

Property adjustment orders—procedural issues and drafting the orderThis Practice Note provides practical guidance on procedural issues relating to an...

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...

Practice notes

Desertion

DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Practice notes

Forced marriage protection orders

Forced marriage protection ordersWhen sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16...
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19th May
Q&As

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)?

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
tag iconCOVID-19
Practice notes

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May
Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Practice notes

Divorce centres [Archived]

Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Precedents

Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...
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19th May
Practice notes

Drafting the terms of a financial consent order

Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...
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19th May

Most recent Children content

Q&As

Can an application be made within proceedings under Schedule 1 to the Children Act 1989 for an order to be made by consent? If so, what should be sent to the court, and is there an equivalent to the Form D81 statement of information for use in Schedule 1 proceedings?

Can an application be made within proceedings under Schedule 1 to the Children Act 1989 for an order to be made by consent? If so, what should be sent...
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1st Aug
Q&As

Are there any recently reported cases in relation to an application for periodical payments under Schedule 1 to the Children Act 1989 for the benefit of a child, where the maximum assessment for statutory maintenance under the Child Support Act 1991 has not been met, but the child has a disability for which disability living allowance is received?

Are there any recently reported cases in relation to an application for periodical payments under Schedule 1 to the Children Act 1989 for the benefit...
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1st Aug
Q&As

Can a parent (in divorce proceedings and before a final order has been made regarding financial matters) apply to the court for a child maintenance order for a child who is over the age of 18 while that child is at university (or intending to go to university), as opposed to only the child being able to make the application? Would a child maintenance cover a first degree and a masters course, if that followed on immediately after the first degree course? Would the child be able to seek maintenance for multiple degree courses?

Can a parent (in divorce proceedings and before a final order has been made regarding financial matters) apply to the court for a child maintenance...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As

Are there any circumstances in which a connection will be made between the payment of child maintenance and contact between the paying parent and the child, in particular where contact is being prevented by the parent with care?

Are there any circumstances in which a connection will be made between the payment of child maintenance and contact between the paying parent and the...
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1st Aug
Q&As

When conducting a child maintenance calculation, will the child maintenance service take into account unearned income such as rental income?

When conducting a child maintenance calculation, will the child maintenance service take into account unearned income such as rental income?In...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Q&As

Where an order has been made for child maintenance to be paid until the completion of secondary education, can the child subsequently make an application for maintenance if they then decide to go to university?

Where an order has been made for child maintenance to be paid until the completion of secondary education, can the child subsequently make an...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 1st Aug
Q&As

Where a paying party receives a redundancy payment, including in lieu of notice and holiday entitlement, together with ex gratia and disability payments, will the Child Maintenance Service take those payments into account on a maintenance assessment? How would the maintenance be calculated in such circumstances? Could the court make an order for child maintenance by treating the ex gratia and disability payments as capital sums?

Where a paying party receives a redundancy payment, including in lieu of notice and holiday entitlement, together with ex gratia and disability...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As

Do the parties need to complete a statement of information (in Form D81) when lodging a consent order at court regarding proceedings under Schedule 1 to the Children Act 1989? The parties have already filed and exchanged Forms E1 but reached agreement before the first appointment.

Do the parties need to complete a statement of information (in Form D81) when lodging a consent order at court regarding proceedings under Schedule 1...
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1st Aug
Q&As

Where an initial child support calculation has been made by the Child Maintenance Service (which is subject to appeal), can the court make an order by consent pursuant to section 8(5) of the Child Support Act 1991 and Schedule 1 to the Children Act 1989, where the parties agree to such an order?

Where an initial child support calculation has been made by the Child Maintenance Service (which is subject to appeal), can the court make an order by...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 1st Aug
Q&As

Where the parties have reached an agreement regarding child maintenance and wish an order to be by consent made reflecting that agreement, will a maximum Child Maintenance Service (CMS) calculation be required for the court to make a top-up order? Where the paying party’s income is such that it would result in a maximum CMS calculation, if one were made, will the consent order need to include a separate order as to child maintenance plus a top-up order as security?

Where the parties have reached an agreement regarding child maintenance and wish an order to be by consent made reflecting that agreement, will a...
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1st Aug
Q&As

An offer has been made under Part 36 of the Civil Procedure Rules 1998 in full and final settlement of claims under the Trusts of Land and Appointment of Trustees Act 1996, the Married Women’s Property Act 1882 and any claim for a child under Schedule 1 to the Children Act 1989. If accepted, will this preclude an unmarried parent from making any further claims in relation to the child?

An offer has been made under Part 36 of the Civil Procedure Rules 1998 in full and final settlement of claims under the Trusts of Land and Appointment...
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1st Aug
Q&As

A periodical payments order for the benefit of a child was made in 2003. The order provides for periodical payments until the child attains the age of 18, or ceases tertiary education to first-degree level, whichever is the later or further order. The payer has not complied with the terms of the order. Can the payer vary the order by an application to the Child Maintenance Service?

A periodical payments order for the benefit of a child was made in 2003. The order provides for periodical payments until the child attains the age of...
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1st Aug
Q&As

A paying parent’s gross income is less than £156,000 per annum, but they also receive a transport allowance, shares and bonuses. Which of those benefits, if any, will a Child Maintenance Service calculation take into account? Will those benefits be taken into account as to the jurisdiction of the court to make a ‘top-up’ order, and would the court then have regard to any of those benefits when calculating the amount of a top up order?

A paying parent’s gross income is less than £156,000 per annum, but they also receive a transport allowance, shares and bonuses. Which of those...
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1st Aug
Q&As

What is the procedure for applying to vary a financial consent order, and can this be done by way of a further financial consent order lodged with the court?

What is the procedure for applying to vary a financial consent order, and can this be done by way of a further financial consent order lodged with the...
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1st Aug
Q&As

Where cohabitants jointly own more than one property, can one party seek an order for the sale of all of the properties so that the proceeds of sale may be divided? Or can the party with whom any children reside seek to retain a specific property on the basis that it has been the family home?

Where cohabitants jointly own more than one property, can one party seek an order for the sale of all of the properties so that the proceeds of sale...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As

In relation to potential future or ongoing proceedings under Schedule 1 to the Children Act 1989, one party owns a property that will be considered as part of their capital resources, but there is a possibility that the property will be sold or transferred. Can an application be made for a freezing order to prevent a future sale or transfer of the property, or to set aside any previous sale or the transfer of assets if it is thought that the sale or transfer was made in order to defeat the Schedule 1 claim, equivalent to the provisions of section 37 of the Matrimonial Causes Act 1973?

In relation to potential future or ongoing proceedings under Schedule 1 to the Children Act 1989, one party owns a property that will be considered as...
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31st Jul
Practice notes

Capital provision under Schedule 1 to the Children Act 1989

Capital provision under Schedule 1 to the Children Act 1989This Practice Note provides guidance on the ability of the courts to make capital orders...
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31st Jul
Practice notes

Statutory child support scheme

Statutory child support schemeIntroductionThe revised statutory child maintenance scheme under the Child Maintenance and Other Payments Act 2008...
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31st Jul
Q&As

A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?

A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Q&As

When calculating a maintenance assessment, will the Child Maintenance Service take into account payments made by the non-resident parent in relation to the mortgage on the family home?

When calculating a maintenance assessment, will the Child Maintenance Service take into account payments made by the non-resident parent in relation...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Popular documents

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

Pre-trial and case management hearings in the Crown Court

Pre-trial and case management hearings in the Crown Court

Pre-trial and case management hearings in the Crown CourtCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision for the extended use of live links and audio links in criminal proceedings.

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general