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Maintenance pending suit and legal services orders

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Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

The following Family news provides comprehensive and up to date legal information on Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

The following Family news provides comprehensive and up to date legal information on Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

The following Dispute Resolution news provides comprehensive and up to date legal information on Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit: policy paper for cross-border framework—an EU perspective

Brexit: policy paper for cross-border framework—an EU perspective

The following Arbitration news provides comprehensive and up to date legal information on Brexit: policy paper for cross-border framework—an EU perspective

Featured Family content

Notice of acting

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

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

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

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
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Practice notes

Drafting the terms of a financial consent order

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

Capitalised maintenance—Duxbury calculations

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

Emergency prohibited steps and child arrangements orders

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

The grounds on which a marriage is void

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

Undefended divorce proceedings

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

Void and voidable marriages

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

Working with counsel

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

Child Arrangements Programme—the procedure for section 8 applications

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
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Practice notes

Statements of truth in family proceedings

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

Amended, supplemental and further petitions

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

Specimen statement of issues for a first appointment—financial remedy application

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

The grounds on which a marriage is voidable

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

General principles—lump sum orders

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

Declarations of parentage—procedure

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 Maintenance pending suit and legal services orders content

Practice notes

Procedure for maintenance pending suit

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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22nd Jan
Practice notes

General principles for maintenance pending suit

The court’s power to make an order for maintenance pending suit is contained in section 22 of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule...
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22nd Jan
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...
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24th Dec
Precedents

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

This document provides general guidance regarding an application to court to resolve your financial arrangements on divorce or dissolution. Your...
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24th Dec
Precedents

Financial disclosure and Form E—client guide

This document provides general guidance regarding financial disclosure. Your family lawyer will be able to provide specific advice based on your...
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24th Dec
Practice notes

Funding—legal services orders and costs allowances

Sections 49–54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012) introduced changes to the Matrimonial Causes Act 1973...
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17th Dec
Q&As

Does the court have jurisdiction to make a maintenance order on an interim basis where decree absolute has already been pronounced? Are the applicable procedural rules under the Family Procedure Rules 2010 the same as on an application for maintenance pending suit?

Applications for interim maintenance orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.7, which requires an interim...
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28th Nov
Q&As

Can an application be made for maintenance pending suit after the decree nisi has been pronounced?

Section 22 of the Matrimonial Causes Act 1973 (MCA 1973) provides:‘[(1)] On a petition for divorce, nullity of marriage or judicial separation, the...
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28th Nov
Q&As

Do costs always follow the event on an application for maintenance pending suit?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides as a general rule that ‘The court may at any time make such order as to costs as...
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28th Nov
Practice notes

Periodical payments—drafting the order

Care should be taken when drafting the terms of a periodical payments order to ensure that it reflects either the agreement reached, where it is to be...
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26th Nov

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