Financial provision

Financial provision guidance:

It is common for an agreement to be reached prior to the final hearing. An agreement may be reached at any stage of the proceedings right up to the doors of the court. As...

Practice Note

This Practice Note provides guidance on the requirements for permission to adduce expert evidence and restrictions on expert evidence, together with considerations as to...

Practice Note

In the UK the overwhelming majority of pension schemes in the private sector, ie both occupational and personal pension schemes, are established under trust and are...

Practice Note

Government policy For many years as part of government policy the establishment in the UK of private pensions in addition to state pensions has been encouraged. This...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

For a list of key Pensions Ombudsman determinations we have reported on, see Practice Note: Pensions Ombudsman determination tracker. The appeal process in summary The...

Practice Note

Great care should be taken when dealing with an application to preserve assets. An ill-conceived, badly prepared application or one that does not carefully follow...

Practice Note

Setting aside Where a party considers that the other party has disposed of assets to a third party so as to defeat their claims in financial proceedings within divorce or...

Practice Note

A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will be given to it, will...

Practice Note

It is not uncommon for bankruptcy and divorce proceedings to run concurrently, or for one set of proceedings to impact on the other. For further reading on the effect...

Practice Note

Introduction In addition to periodical payments orders, the court may also make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989). Such orders are most...

Practice Note

Introduction Under sections s 31(7A)–(7F) of the Matrimonial Causes Act 1973 (MCA 1973) (as amended) and the Civil Partnership Act 2004 equivalent provisions (CPA 2004)...

Practice Note

The basis of Duxbury calculations A Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical payment requirement...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to...

Practice Note

The court retains jurisdiction to make orders for maintenance where there is a disability living allowance paid to a child or where a child is disabled. A child is...

Practice Note

Section 26 of the Child Support Act 1991 (CSA 1991) provides that where a person who is alleged to be the parent of a child for whom a maintenance calculation has been...

Practice Note

This Practice Note details the jurisdiction in relation to child support, via the Child Maintenance Service (CMS), and in limited circumstances via the courts. The courts...

Practice Note

Principles Changes to statutory child support came into force in very limited circumstances with effect from 10 December 2012. Access to the revised scheme (the new...

Practice Note

The court retains jurisdiction to make an order that a non-resident parent (NRP), or person by whom the relevant child has been treated as a child of the family, should...

Practice Note

Applicable law An application can be made to the court for a 'top-up' maintenance order where a maintenance calculation has been undertaken by the Child Maintenance...

Practice Note

This Practice Note considers the provisions in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, relating to communication and filing of documents with the court...

Practice Note

The House of Lords' decision in White v White significantly changed the general principles on which ancillary relief (financial order) cases are determined. Before White,...

Practice Note

This Practice Note explains how a financial dispute resolution appointment (FDR) may be conducted, including the advice to be given to the client before the hearing, the...

Practice Note

In financial order proceedings, the court must have regard to a range of factors that are set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973), or Schedule...

Practice Note

Background The Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) do not contain a procedure for inspection (formerly production) appointments, as previously found in...

Practice Note

Civil and Family Service Centre at Stoke on Trent The Practice Note sets out the current practice regarding the issue of divorce petitions and financial remedy...

Practice Note