Factors considered by the court

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Practice notes
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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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...
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19th May
Practice notes
Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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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
Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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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
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
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
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
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
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Factors considered by the court 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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28th Jul
Practice notes
The assets of the partiesSection 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court must have regard to:'…the income,...
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8th Jul
Practice notes
The needs of the children of the familyWho is a child of the family?A 'child' is defined by section 52(1) of the Matrimonial Causes Act 1973 (MCA...
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7th Jul
Practice notes
Compensation, sharing and equalityThe House of Lords' decision in White v White significantly changed the general principles on which financial order...
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6th Jul
Practice notes
Factors considered by the court on financial provisionThis Practice Note provides an introduction to the factors to be taken into account by the court...
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5th Jul
Precedents
Financial applications to the court—client guide (standard procedure)This document provides general guidance regarding an application to court to...
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23rd Jun
Precedents
Financial disclosure and Form E—client guideThis document provides general guidance regarding financial disclosure. Your family lawyer will be able to...
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22nd Jun
Practice notes
Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...
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17th Jun
Q&As
What is the courts’ approach where one party is suffering from a life-shortening illness, in particular in relation to capital?There is limited case...
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5th Jun
Q&As
Is there family case law involving the consideration of student loans, and when or whether they are to be repaid or written off? How is a student loan...
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Produced in partnership with Nicholas Starks of St Ives Chambers 5th Jun
Q&As
Where a redundancy payment is received by a party during the course of the marriage, will it be treated as part of the marital acquest?Within the...
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Produced in partnership with Matthew Haynes of St Ives Chambers 5th Jun
Q&As
Where both parties are retired, and one spouse’s pension income is twice that of the other spouse, would the court make an order for joint lives...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
Will a former matrimonial home always be considered to be a matrimonial asset even if it was inherited by one of the parties?Whether the former...
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5th Jun

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