Factors considered by the court

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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
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
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
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
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
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
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
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
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
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
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
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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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Factors considered by the court content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 17th Mar
Q&As
The starting point in financial cases is the checklist set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973). The court must have regard...
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13th Feb
Q&As
Section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court must have regard to, inter alia ‘…the income, earning capacity,...
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13th Feb
Q&As
It is more common for the court to be concerned with the affordability of school fees in relation to a child or children of the parties, and there...
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13th Feb
Q&As
It is now rare that a court will make an order for joint lives maintenance (ie an order for spousal maintenance that would continue until the payee...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
Within the context of financial provision proceedings, a redundancy payment is a resource to be utilised in lieu of the salary. Just as a salary would...
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Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb
Practice notes
This Practice Note provides an introduction to the factors to be taken into account by the court by virtue of the legislative provisions of section 25...
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17th Jan
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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17th Jan
Practice notes
By virtue of section 25(2)(d) of the Matrimonial Causes Act 1973 (MCA 1973) the court must give consideration to:'…the age of each party to the...
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17th Jan
Practice notes
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...
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17th Jan
Practice notes
The 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 Matrimonial Causes Act...
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17th Jan
Q&As
It is assumed for the purposes of this question that the loan in question is that of one of the parties themselves, and not of one of the children of...
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Produced in partnership with Nicholas Starks of St Ives Chambers 8th Jan

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