Financial provision

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Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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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
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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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
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
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
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
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 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
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent Financial provision content

Practice notes
The needs of the partiesThe needs of the parties is one of the factors to be considered by the court under the checklist set out in section 25 of the...
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22nd Sep
Practice notes
Online applications for financial consent ordersFollowing the pilot scheme under Family Procedure Rules 2010 (FPR 2010), PD 36I (Pilot scheme:...
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21st Sep
Practice notes
Setting aside financial orders including Barder events where no error of the court allegedBackgroundFor a considerable time there had been doubt and...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Sep
Practice notes
Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Sep
Practice notes
Funding—legal services orders and costs allowancesSections 49–54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012)...
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20th Sep
Practice notes
Issuing financial proceedings in Form A (standard procedure)The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure...
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20th Sep
Practice notes
Periodical payments—means of payment orderA means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Sep
Practice notes
Procedure for maintenance pending suitCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...
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20th Sep
Practice notes
Action on reaching agreement prior to final hearingIt is common for an agreement to be reached prior to the final hearing. An agreement may be reached...
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20th Sep
Practice notes
Variation of financial ordersBy virtue of section 31 of the Matrimonial Causes Act 1973 (MCA 1973), and the corresponding provisions in the Civil...
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20th Sep
Practice notes
Procedure—Schedule 1 to the Children Act 1989Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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20th Sep
Practice notes
Family provision claims—calculating the awardWhere the court is satisfied that reasonable financial provision has not been made for an applicant, it...
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Produced in partnership with Richard Dew of Ten Old Square 14th Sep
Practice notes
Dealing with competing matrimonial claims in confiscation proceedingsCompeting matrimonial claims—the issueSince the introduction of the Proceeds of...
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Produced in partnership with Sarah Wood of 5 St Andrew's Hill 14th Sep
Practice notes
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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13th Sep
Precedents
Draft Witness Statement—personal representative—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law,...
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13th Sep
Precedents
Letter of claim—family provision claimDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of...
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13th Sep
Practice notes
Probate actions and family provision claims—costsThe legal costs position in probate claims is often misunderstood.This Practice Note looks at:•the...
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Produced in partnership with Adam Draper of Shoosmiths 13th Sep
Q&As
If an applicant is unsuccessful in obtaining a legal services order, can a costs order be made against them? An application for a legal services order...
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10th Sep
Q&As
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 9th Sep
Precedents
Family provision claim—client guideThis document provides general guidance regarding some of the key issues in bringing a family provision claim (a...
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9th Sep

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