Enforcement

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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
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes
The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.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...
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Produced in partnership with David Gallagher of Fieldfisher 19th May
Practice notes
Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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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
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
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
Precedents
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 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 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
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
Precedents
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]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Practice notes
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 Enforcement content

Q&As
How can an agreement in the recitals to a financial consent order be enforced?The enforcement of recitals in financial orders does present some...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 5th Jun
Q&As
What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure...
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5th Jun
Q&As
Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to...
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5th Jun
Q&As
What form should be used when making an application to enforce an undertaking in a financial order to pay a mortgage?An undertaking with a penal...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
What happens if one spouse dies during divorce proceedings, ie before decree absolute has been pronounced? How will this impact on any financial...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
What is the procedure for a European Enforcement Order where matrimonial property is being transferred from one party to another?An application for a...
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5th Jun
Q&As
If a respondent to application for attachment of earnings in respect of a spousal maintenance order makes an application to vary the original order,...
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5th Jun
Q&As
Where no proceedings have been issued and one party has given a written undertaking not to do a specified act, can such an undertaking be enforced and...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Can arrears of maintenance more than 12-months old be enforced? Do time limits also apply to an order for periodical payments for a child?Section...
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5th Jun
Q&As
In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
Does an undertaking in a consent order bind the estate of the party giving it if they die?This response considers the question of undertakings within...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 5th Jun

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