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Notice of acting

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

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

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...

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...

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

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...

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

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...

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...

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...

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...

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....

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...

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...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov

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...

9th Nov

COVID-19

In-house

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...

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...

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...

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...

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...

9th Nov

Most recent Pensions and insurance content

Practice notes

Pension rights of spouses and civil partners on member’s death

FORTHCOMING DEVELOPMENT: On 20 July 2020, a written ministerial statement was made announcing that changes will be made to the Teachers’ Pension...

26th Nov

Practice notes

Implementation of pension orders in family proceedings

Unlike pension sharing orders, there is no complex implementation process for pension attachment orders, see: Pensions—financial remedy...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 25th Nov

Q&As

When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings, or can any additional steps be taken in relation to pension assets at that stage? If no further steps can be taken, how should a future pension sharing order be dealt with in the separation agreement?

A separation agreement is a document that can be drawn up between a couple upon separation, setting out how they agree to divide their assets. While...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 3rd Nov

Practice notes

The Pensions Ombudsman—when should he be used and what are his powers?

This Practice Note looks at the jurisdiction of the Pensions Ombudsman to deal with occupational and personal pension-related complaints and disputes...

Produced in partnership with David Gallagher of Fieldfisher and Oliver Hilton of Radcliffe Chambers 2nd Nov

Practice notes

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...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 26th Oct

Practice notes

The Pensions Ombudsman—key decisions and cases

STOP PRESS: This Practice Note is currently being reviewed as part of our routine quality control processes. It remains suitable for use. On...

Produced in partnership with David Gallagher of Fieldfisher 23rd Oct

Practice notes

Pensions on divorce—issues for pension trustees

THIS PRACTICE NOTE APPLIES IN RESPECT OF OCCUPATIONAL PENSION SCHEMES ONLYPension attachment and pension sharing orders were extended to cover the...

Produced in partnership with David Lockett of Actuaries for Lawyers 21st Oct

Practice notes

Excessive pension contribution recovery

When pension contributions are recoverableThis practice note addresses two questions:•whether a bankrupt’s pension arrangement falls within the...

Produced in partnership with Raj Arumugam of 5 Stone Buildings 20th Oct

Precedents

Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...

19th Oct

Practice notes

Valuing pension rights in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. For guidance, see Practice Note:Brexit and family law. This...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 16th Oct

Practice notes

Appeals against determinations of the Pensions Ombudsman

For a list of key Pensions Ombudsman determinations we have reported on, see Practice Note: Pensions Ombudsman determination tracker.The appeal...

Produced in partnership with David Gallagher of Fieldfisher and Oliver Hilton of Radcliffe Chambers 13th Oct

Practice notes

Making a complaint to the Pensions Ombudsman—what is involved?

As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution service to the Pensions Ombudsman on 19 March 2018, the...

Produced in partnership with Oliver Hilton of Radcliffe Chambers and David Gallagher of Fieldfisher 13th Oct

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...

12th Oct

Practice notes

Pension sharing orders

This Practice Note explains what a pension sharing order is within family proceedings and sets out which pension interests can be shared and which...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 9th Oct

Precedents

Letter of instruction to a single joint expert for valuation and advice on pension rights

1IntroductionThis letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to divorce proceedings between...

30th Sep

Q&As

Where a pension sharing order was made 15 years ago, and hasn’t yet been implemented, is there a time limit as an extension for implementation?

Since 2000 (2005 for civil partnerships) the courts have had the power within financial remedy proceedings to make a pension sharing order. Such an...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Sep

Q&As

Is there any case law that provides that expert evidence in financial proceedings is necessary in particular cases that support the need for an expert pensions valuation?

Are there any cases in which the court considered post-separation and/or premarital acquired pensions?The division of pensions in financial remedy...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

A pension sharing order was made by the court, but wasn’t implemented by the parties. The transferor now wishes to access the pension that was the subject of the pension sharing order, but cannot until the pension sharing order has been implemented. The transferee cannot be located. What action can be taken to vary or discharge the pension sharing order so that the transferor can access their pension?

Pursuant to section 31(2)(g) of the Matrimonial Causes Act 1973 (MCA 1973), the court has the power to vary or discharge a pension sharing order...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep

Q&As

Where a pension sharing order has been made and implemented against a pension arrangement in respect of a spouse from a first marriage, can a pension sharing order be made in relation to the same pension arrangement in divorce proceedings involving a second spouse?

Pension sharing is the method by which an existing (shareable) pension arrangement is split and divided between the parties following divorce, nullity...

Produced in partnership with Paul Infield of The 36 Group 28th Sep

Q&As

A periodical payments order was made by consent in 2001 providing for 50% of a spouse’s pension to be paid direct by the pension company to the other spouse. The order was not made as a pension sharing or pension attachment order. The recipient spouse remarried at some point following the order being made, but the payments continued. On the basis that the periodical payments order should have ended on remarriage by virtue of section 28(1)(a) of the Matrimonial Causes Act 1973, how may the overpayments be recovered and from whom?

Under section 28 of the Matrimonial Causes Act 1973 (MCA 1973), a periodical payments order automatically ceases to have effect on remarriage of the...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 28th Sep