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Latest Family News

Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

The following Family news provides comprehensive and up to date legal information on Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

The following Family news provides comprehensive and up to date legal information on From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

The following Family news provides comprehensive and up to date legal information on Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

Non-matrimonial inherited assets accrued post-separation balanced against the needs of a party with declining health and limited life expectancy (ND (by her litigation friend) v GD)

Featured Family content

Third party debt order

Third party debt orderA third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a...

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

The no order principle

The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...

Pension attachment orders

Pension attachment ordersThe power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of...

Practice notes

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...

19th May

Practice notes

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...

19th May

Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

19th May

COVID-19

Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

19th May

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...

19th May

Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 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...

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...

19th May

Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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...

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...

19th May

Practice notes

Undefended divorce proceedings

Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...

19th May

Most recent Property rights content

Practice notes

Notices and restrictions

Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...

20th Jul

Precedents

Cohabitant claims under the Trusts of Land and Appointment of Trustees Act 1996—client guide

Cohabitant claims under the Trusts of Land and Appointment of Trustees Act 1996—client guideThis document provides general guidance regarding the...

23rd Jun

Q&As

In relation to equitable accounting/a claim for an occupation rent, where the amount of occupation rent would be greater than the total mortgage payments, can the occupation rent only be set off against the interest portion of the mortgage payments?

In relation to equitable accounting/a claim for an occupation rent, where the amount of occupation rent would be greater than the total mortgage...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun

Q&As

Where an application is made under the Trusts of Land and Appointment of Trustees Act 1996 in relation to more than one property, is it necessary to file a separate claim form for each property or can several properties be included in one claim form?

Where an application is made under the Trusts of Land and Appointment of Trustees Act 1996 in relation to more than one property, is it necessary to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

What recourse is available where a party fails to sign a transfer of a property into another’s name pursuant to a consent order under the Trusts of Land and Appointment of Trustees Act 1996? Can an authorised person sign the transfer? If so pursuant to what power and what is the procedure?

What recourse is available where a party fails to sign a transfer of a property into another’s name pursuant to a consent order under the Trusts of...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 5th Jun

Q&As

A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of which they are also the legal owner. The value of the properties is unknown and the claimant’s interest is disputed, therefore the value of the claim is unclear. How will the issue fee for a claim under the Civil Procedure Rules 1998, Pt 7 procedure be calculated?

A claimant is seeking an order under the Trusts of Land and Appointment of Trustees Act 1996 as to their beneficial interest in two properties of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Two people were previously in a long-term cohabiting relationship and one party loaned money to the other party which was not repaid. There is no written documentation in respect of the loan agreement. What action can be taken to recover the monies loaned and what factors will be taken into account by the court?

Two people were previously in a long-term cohabiting relationship and one party loaned money to the other party which was not repaid. There is no...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Where a cohabitant makes a substantial contribution to a property owned by their former cohabitant which is then sold and the proceeds invested in a second property, can they claim an interest in the second property in the absence of an express declaration as to that specific property?

Where a cohabitant makes a substantial contribution to a property owned by their former cohabitant which is then sold and the proceeds invested in a...

Produced in partnership with Marisa Allman of The 36 Group 5th Jun

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

A party agreed to transfer a property from their sole name into joint names with their cohabitant, who had made no financial contributions to the property. At that time the sole owner was suffering from depression. The parties separated within a few months and the former cohabitant is now seeking half of the equity in the property. Can such a claim be opposed on the basis of duress? How may the sole ownership of the property be restored?

A party agreed to transfer a property from their sole name into joint names with their cohabitant, who had made no financial contributions to the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Where a claimant's offer under Part 36 of the Civil Procedure Rules 1998 is rejected by the defendant in proceedings under the Trusts of Land and Appointment of Trustees Act 1996, and the defendant then becomes legally aided, what implications could this have in relation to the final hearing and costs?

Where a claimant's offer under Part 36 of the Civil Procedure Rules 1998 is rejected by the defendant in proceedings under the Trusts of Land and...

5th Jun

Q&As

Where a joint owner wishes to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and an application has already been made by the other joint owner under Schedule 1 to the Children Act 1989, should TOLATA 1996 application be made under CPR 7 rather than CPR 8?

Where a joint owner wishes to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and an application has...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Where the parties have been engaged, can an application be made under section 17 of the Married Women's Property Act 1882? What is the procedure on such application and the approach of the court? What alternative remedies are there for a formerly engaged couple?

Where the parties have been engaged, can an application be made under section 17 of the Married Women's Property Act 1882? What is the procedure on...

5th Jun

Q&As

A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998?

A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

An unmarried couple, Party A and Party B, conceive a child through IVF using donor sperm. Party B is not biologically related to the child, nor are they on the birth certificate and there are no court orders in relation to the child. The parties purchase a property as joint tenants and agree that it is intended to be a gift for Party A to live in with the child. Party B wants to sell the property. Can Party A apply to remain in the property under the Trusts of Land and Appointment of Trustees Act 1996 or Schedule 1 to the Children Act 1989?

An unmarried couple, Party A and Party B, conceive a child through IVF using donor sperm. Party B is not biologically related to the child, nor are...

5th Jun

Q&As

Where the parties are the joint owners of a property and have young children, under which legislation should proceedings be issued, the Trusts of Land and Appointment of Trustees Act 1996 or Schedule 1 to the Children Act 1989? What are the differences between the two?

Where the parties are the joint owners of a property and have young children, under which legislation should proceedings be issued, the Trusts of Land...

5th Jun

Q&As

Where former cohabitants jointly own a property that has both business and residential use, what remedies are available to determine their interests?

Where former cohabitants jointly own a property that has both business and residential use, what remedies are available to determine their...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 5th Jun

Q&As

What are the key differences between a claim under section 17 of the Married Women's Property Act 1882 and section 14 of the Trusts of Land and Appointment of Trustees Act 1996, other than the nature of relationship between the parties?

What are the key differences between a claim under section 17 of the Married Women's Property Act 1882 and section 14 of the Trusts of Land and...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

A property is owed by two parties as tenants in common in unequal shares. The parties are attempting to negotiate a settlement where the party in occupation will provide the non-occupying party with a lump sum settlement in return for the transfer of the property into the occupying party’s sole name. One party insists that 3% of the value of the property (the notional costs of sale) must be deducted when calculating the equity in the property, despite the fact that no sale will take place. Is that correct?

A property is owed by two parties as tenants in common in unequal shares. The parties are attempting to negotiate a settlement where the party in...

5th Jun

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

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Property rights

View Family by content type:

Latest Family News

Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

Non-matrimonial inherited assets accrued post-separation balanced against the needs of a party with declining health and limited life expectancy (ND (by her litigation friend) v GD)

Featured Family content

Third party debt order

Interim orders in public children proceedings

The no order principle

Pension attachment orders

Most recent Property rights content

Popular documents

What is a third party debt order (TPDO)?

Judicial review—time limits and the pre-action protocol

Summary assessment—statement of costs

Arbitration agreements—definition, purpose and interpretation

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