Decision making in respect of property and affairs

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Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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20th Oct
Practice notes
Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...
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16th Oct
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Practice notes
The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...
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26th Sep
Practice notes
This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...
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26th Sep
Practice notes
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
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26th Sep
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...
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26th Sep
Practice notes
In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...
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26th Sep
Practice notes
The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...
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25th Sep
Practice notes
Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...
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25th Sep
Practice notes
This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...
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25th Sep
Practice notes
By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Decision making in respect of property and affairs content

Practice notes
Part of the deputy’s responsibility is making sure that P is receiving all state benefits to which they are entitled.The main benefits for which P is...
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25th Sep
Practice notes
Deputies appointed in respect of a protected party’s (P’s) property and affairs are frequently involved in the establishment of a care regime.Although...
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25th Sep
Practice notes
IntroductionIt may be necessary to make an urgent application to the Court of Protection in one of two situations:•where no proceedings exist, but it...
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25th Sep
Practice notes
On the settlement of P's personal injury or clinical negligence case, the deputy must consider how best to invest the damages award.Short term...
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25th Sep
Practice notes
Selling, buying and leasing property for PA deputy can be involved in a number of different property transactions on behalf of P depending on their...
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25th Sep
Practice notes
The principlesThe decision maker must firstly consider the principles as set out in section 1 of the Mental Capacity Act 2005 (MCA 2005), namely:•the...
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25th Sep
Practice notes
SettlementsUnder section 18(1)(h) of the Mental Capacity Act 2005 (MCA 2005), the court has jurisdiction to approve ‘settlement of any of P’s...
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25th Sep
Precedents
Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
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26th Sep
Practice notes
What is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court of Protection has the power under the Mental...
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26th Sep
Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
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26th Sep
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
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Produced in partnership with Adam Draper of Shoosmiths 28th Sep
Q&As
Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955...
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28th Sep
Q&As
Severing a joint tenancySection 36(2) of the Law of Property Act 1925 (LPA 1925) allows one joint owner to serve a written notice on the other joint...
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28th Sep
Q&As
We refer you to COP GN2 Guidance on the sale of jointly owned property, which explains that when two or more people own real property together, they...
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28th Sep
Q&As
The international jurisdiction of the Court of Protection is governed by section 63 of the Mental Capacity Act 2005 (MCA 2005) and MCA 2005, Sch 3....
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28th Sep

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