Family provision claims

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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
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
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
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
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
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 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 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 Family provision claims content

Practice notes
Time limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the...
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27th Nov
Practice notes
The legal costs position in probate claims is often misunderstood.This Practice Note looks at:•the costs in probate proceedings relating to the...
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Produced in partnership with Adam Draper of Shoosmiths 16th Nov
Practice notes
Testators have freedom to dispose of their estates as they wish, subject to the formal requirements for making a Will, the requirements of...
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13th Nov
Practice notes
Claims for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 12th 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 considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov
Q&As
The response to this Q&A assumes that:•the testator and certain individuals agreed during the testator's lifetime that no claim under the Inheritance...
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4th Nov
Practice notes
This Practice Note considers how a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) might be...
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Produced in partnership with Richard Dew of Ten Old Square 4th Nov
Practice notes
The taxation of the estate is often a significant consideration in the compromise of claims under the Inheritance (Provision for Family and...
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Produced in partnership with Richard Dew of Ten Old Square 4th Nov
Practice notes
ApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of the deceased who has not formed a...
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5th Oct
Q&As
A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
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Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
Practice Note: Family provision claims—practice and procedure explains:'An application for reasonable financial provision under the Inheritance...
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28th Sep
Q&As
We have understood this question to be regarding whether an adult child, who has been adopted, can make a claim against the estate of their natural...
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28th Sep
Q&As
Where an applicant dies after commencing an action under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) but prior to an...
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28th Sep
Q&As
Applications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) are regulated by the provisions...
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28th Sep
Q&As
Unfortunately, we do not have a Precedent on the specific point raised in the above. However, we refer you to the following which you may find useful...
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28th Sep
Q&As
We have assumed for the purposes of this Q&A that A’s will is validly executed and makes no provision for C.The law of England and Wales allows a...
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Produced in partnership with Adam Draper of Shoosmiths 28th Sep

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