Family provision claims

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Practice notes
Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...
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19th May
Practice notes
Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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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
The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...
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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
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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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...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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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...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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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
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May

Most recent Family provision claims content

Q&As
Does a grant ad colligenda bona start the clock running on the limitation period for Inheritance Act claims?Practice Note: The type of grant needed at...
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Produced in partnership with Graham Stott of gunnercooke LLP 31st Jul
Q&As
Can personal representatives who have obtained costs orders against a beneficiary claim a lien over the inheritance of that beneficiary who has since...
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31st Jul
Q&As
Can an estate be varied, with the court's consent on behalf of minor beneficiaries, to redirect the property from minor grandchildren of the deceased...
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31st Jul
Practice notes
Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Family provision claims—procedural tableApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of...
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31st Jul
Practice notes
Family provision claims—variation, discharge, suspension and revival of ordersOrders made by the court under the Inheritance (Provision for Family and...
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31st Jul
Practice notes
Family provision claims—practice and procedureTime limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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31st Jul
Practice notes
Family provision claims—preliminary issuesTestators have freedom to dispose of their estates as they wish, subject to the formal requirements for...
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31st Jul
Practice notes
Family provision claims—the role of personal representativesClaims for reasonable financial provision from an estate pursuant to the Inheritance...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 31st Jul
Practice notes
Family provision claims—matters of regard for each applicantUnder section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...
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31st Jul
Practice notes
Family provision claims—orders which the court can make If a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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31st Jul
Practice notes
Family provision claims—settlement and taxationThe taxation of the estate is often a significant consideration in the compromise of claims under the...
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Produced in partnership with Richard Dew of Ten Old Square 31st Jul
Practice notes
Family provision claims—conduct of the claimantIntroductionThe conduct of the party who makes a claim for financial provision has always been a...
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Produced in partnership with Sidney Ross of Ten Old Square 31st Jul
Practice notes
Family provision claims—intention to defeat a claimThe effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family...
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31st Jul
Practice notes
Family provision claims—reasonable financial provisionIn the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there is only...
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31st Jul
Practice notes
Family provision claims—children and those treated as childrenChild of the deceasedDefinitionA child of the deceased is an eligible claimant under...
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31st Jul
Practice notes
Family provision claims—calculating the awardWhere the court is satisfied that reasonable financial provision has not been made for an applicant, it...
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Produced in partnership with Richard Dew of Ten Old Square 31st Jul
Practice notes
Family provision claims—any other person being maintainedSection 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...
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31st Jul
Practice notes
Family provision claims—matters to which the court must have regardThe Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is...
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31st Jul

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