Property rights

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Practice notes
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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19th May
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...
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19th May
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
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 lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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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,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
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 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
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May

Most recent Property rights content

Practice notes
Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...
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20th Jul
Precedents
Cohabitant claims under the Trusts of Land and Appointment of Trustees Act 1996—client guideThis document provides general guidance regarding the...
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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...
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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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th 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...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 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...
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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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

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