Bankruptcy and family financial remedy proceedings

View Family by content type:

Latest Family News

Featured Family content

Practice notes
The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...
Read More >
19th May
Practice notes
Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...
Read More >
19th May
Practice notes
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
Read More >
19th May
Practice notes
The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...
Read More >
19th May
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
Read More >
19th May
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
Read More >
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...
Read More >
19th May
Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
Read More >
19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
Read More >
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...
Read More >
19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
Read More >
19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
Read More >
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...
Read More >
19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
Read More >
Produced in partnership with David Salter of Deputy High Court judge and Recorder 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...
Read More >
19th May
Practice notes
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
Read More >
19th May

Most recent Bankruptcy and family financial remedy proceedings content

Practice notes
The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986The 'three-year rule' and why it appliesThe reforms introduced by the...
Read More >
Produced in partnership with Amit Gupta of St Philips Chambers 15th Jul
Practice notes
Possession and sale applications in respect of a bankrupt's family homeWhen the bankrupt's estate vests in the trustee in bankruptcy (trustee)...
Read More >
9th Jul
Practice notes
Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will applyThis Practice Note...
Read More >
9th Jul
Practice notes
The impact of bankruptcy on divorce proceedingsThe impact that bankruptcy and divorce proceedings have on one another has been subject to several...
Read More >
8th Jul
Practice notes
Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?It is not uncommon for bankruptcy and divorce proceedings...
Read More >
21st Jun
Q&As
Where there is a risk of bankruptcy, can the court make an interim order for sale in financial remedy proceedings?The court has no jurisdiction to...
Read More >
5th Jun
Q&As
If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Practice notes
Dos and don'ts for family lawyers when dealing with bankruptcyFor family lawyers and divorcing parties, the impact of bankruptcy can have a dramatic...
Read More >
5th Jun
Practice notes
The bankruptcy court's power to set aside financial orders made on divorce or dissolution of a civil partnershipThe general position of the bankruptcy...
Read More >
5th Jun
Practice notes
Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in itOne of...
Read More >
5th Jun

Popular documents