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Latest Family News

Private client, order authorising the sale of a minor’s property (Re Shanavazi)

The following Family news provides comprehensive and up to date legal information on Private client, order authorising the sale of a minor’s property (Re Shanavazi)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

The following Family news provides comprehensive and up to date legal information on Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

UK accession to Lugano Convention—is the door now closed?

The following Arbitration news provides comprehensive and up to date legal information on UK accession to Lugano Convention—is the door now closed?

Division of assets in a short childless marriage (E v L)

The following Family news provides comprehensive and up to date legal information on Division of assets in a short childless marriage (E v L)

Featured Family content

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Pension attachment orders

Pension attachment ordersThe power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of...

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...

Practice notes

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...

19th May

Practice notes

The grounds on which a marriage is voidable

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...

19th May

Practice notes

Statements of truth in family proceedings

Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...

19th May

Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

19th May

Practice notes

Writ or warrant of possession of land

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May

Practice notes

Desertion

DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...

19th May

Practice notes

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

19th May

COVID-19

Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...

19th May

COVID-19

Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

19th May

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...

19th May

Practice notes

Void and voidable marriages

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...

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, what evidence will the court require in order to approve the order?

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,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

19th May

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...

19th May

COVID-19

Most recent Factors considered by the court content

Practice notes

The needs of the parties

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...

28th Jul

Practice notes

The assets of the parties

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,...

8th Jul

Practice notes

The needs of the children of the family

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...

7th Jul

Practice notes

Compensation, sharing and equality

Compensation, sharing and equalityThe House of Lords' decision in White v White significantly changed the general principles on which financial order...

6th Jul

Practice notes

Factors considered by the court on financial provision

Factors considered by the court on financial provisionThis Practice Note provides an introduction to the factors to be taken into account by the court...

5th Jul

Precedents

Financial applications to the court—client guide (standard procedure)

Financial applications to the court—client guide (standard procedure)This document provides general guidance regarding an application to court to...

23rd Jun

Precedents

Financial disclosure and Form E—client guide

Financial disclosure and Form E—client guideThis document provides general guidance regarding financial disclosure. Your family lawyer will be able to...

22nd Jun

Practice notes

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...

17th Jun

Q&As

Where a party transferred their interest in the former family home to the other party without legal advice and full and frank disclosure, will the property still be treated as a marital asset in financial proceedings? Could an argument be made that there should be a departure from equality due to the transfer? Would the period of time that has elapsed between decree absolute (and the transfer of the former family home) and the issue of the financial application have any bearing on this?

Where a party transferred their interest in the former family home to the other party without legal advice and full and frank disclosure, will the...

Produced in partnership with Matthew Haynes of St Ives Chambers 5th Jun

Q&As

What is the courts’ approach where one party is suffering from a life-shortening illness, in particular in relation to capital?

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...

5th Jun

Q&As

What may be the impact of alcoholism as conduct to be taken into account by the court as to financial provision? Where a party has lost a very high-paying position due to alcoholism, and is now unemployed, resulting in the sale of the family home and an adverse effect on lifestyle, will this be sufficient to argue conduct?

What may be the impact of alcoholism as conduct to be taken into account by the court as to financial provision? Where a party has lost a very...

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 treated if it is not being paid off by a party and is unlikely to be?

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...

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?

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...

Produced in partnership with Matthew Haynes of St Ives Chambers 5th Jun

Q&As

Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of maintenance awarded by the court. Is there case law on the scenario where the capital resources of a cohabitant have reduced an award of capital to a party on the basis that their needs are met by their cohabitant’s capital resources?

Case law on the impact of the cohabitation of a party appears to relate to the impact on the amount of maintenance awarded by the court. Is there case...

Produced in partnership with Nicholas Starks of St Ives Chambers 5th Jun

Q&As

Where 50% of the matrimonial home was gifted to one party during the marriage by their parents, and the remaining 50% bought by both parties, would the starting point for division of the matrimonial home be 75% to the party who received the gift and 25% to the other party?

Where 50% of the matrimonial home was gifted to one party during the marriage by their parents, and the remaining 50% bought by both parties, would...

5th Jun

Q&As

Where the parties to a divorce in which a financial consent order was made providing for one party to retain the proceeds of sale of the former matrimonial home, and the other party their pension, together with a clean break order, and the parties then reconcile and remarry each other, will the court have regard to the previous order and clean break? Will the parties only be entitled to a share in assets, including pensions, that have accumulated since they remarried? Could the remarriage constitute a Barder event sufficient to set aside the consent order?

Where the parties to a divorce in which a financial consent order was made providing for one party to retain the proceeds of sale of the former...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 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 maintenance?

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the petitioner cannot then within other proceedings, such as a financial remedy, refer to the fact that the petition was not defended and rely on the particulars in the petition?

Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Where a party to private children proceedings uses savings in their sole name to fund their legal fees and the other party is legally aided, would the other party be able to argue in any subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets?

Where a party to private children proceedings uses savings in their sole name to fund their legal fees and the other party is legally aided, would the...

Produced in partnership with Chris Bryden 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?

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...

5th Jun

Factors considered by the court

View Family by content type:

Latest Family News

Private client, order authorising the sale of a minor’s property (Re Shanavazi)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

UK accession to Lugano Convention—is the door now closed?

Division of assets in a short childless marriage (E v L)

Featured Family content

Working with counsel

Pension attachment orders

Private children—paramountcy of the child's welfare

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

Most recent Factors considered by the court content

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Defects liability period and rectification of defects

Insurable interest

Indemnity costs orders—principles

Proprietary estoppel

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