Financial provision

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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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9th Nov
Practice notes
Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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9th Nov
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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9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
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 >
9th Nov
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Financial provision content

Practice notes
Marital and civil partnership agreements—international aspectsThis Practice Note provides guidance on specific considerations in relation to marital...
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13th May
Practice notes
Financial relief after overseas divorce—procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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11th May
Q&As
Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) provides that the time limit for making a claim is six...
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7th May
Practice notes
This Practice Note provides guidance on private financial dispute resolution appointments (FDRs), or early neutral evaluation (ENE). It considers...
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Produced in partnership with Rhys Taylor MCIArb of The 36 Group and 30 Park Place 6th May
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
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Produced in partnership with David Salter, deputy High Court judge and Recorder 5th May
Practice notes
This Practice Note sets out guidance on the allocation of financial remedy proceedings to a High Court judge, the criteria and procedure for such...
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5th May
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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5th May
Practice notes
Nature of trustsThe trust conceptTypically, the settlor is the original owner of property and creates a trust by conveying it to one or more trustees...
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5th May
Precedents
In the Family CourtSitting at the Royal Courts of JusticeNo: [insert]The marriage of [name of applicant] and [name of respondent]Outline factual...
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5th May
Practice notes
This Practice Note provides information about, and access to, financial standard orders issued by the President of the Family Division, in his...
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4th May
Practice notes
In this Practice Note, the term ‘cohabitant’ is used to refer to an unmarried partner (other than a civil partner) of a member.This Practice Note also...
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4th May
Practice notes
This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to...
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29th Apr
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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28th Apr
Practice notes
BackgroundFor a considerable time there had been doubt and confusion as to the available routes of challenging a financial order (whether or not made...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Apr
Q&As
Can the court make a legal services order in Schedule 1 proceedings?A legal services order may only be made in relation to proceedings under the...
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27th Apr
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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27th Apr
Practice notes
By virtue of section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973), the court must give consideration to:'…the income, earning capacity,...
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27th Apr
Q&As
There is an ongoing duty of disclosure in financial remedy proceedings and the court must have regard to all the circumstances of the case when...
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Produced in partnership with Nicholas Starks of St Ives Chambers 27th Apr

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