Practice and procedure

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...

27th Jan

Practice notes

Financial provision—glossary

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

27th Jan

Q&As

Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without further orders having to be made by the Irish courts?

The guidance available is predominantly based on the laws of England and Wales. However, we refer you to the following which you may find useful.Where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan

Q&As

Where the parties to a divorce both reside in the UK, and neither party owns any property in the UK but the petitioner owns property in a non-EU country, will the respondent have any rights to claim financial orders over that property within the divorce proceedings?

In this Q&A, it is presumed that the courts of England and Wales have accepted jurisdiction in respect of the divorce and consequential financial...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan

Q&As

The respondent to financial remedy proceedings, who resides in the US, has been personally served with the application but has not responded nor complied with the standard directions, including as to the filing of a Form E. What further steps can be taken to progress the matter and what orders should be sought at the first appointment?

Where a party fails to engage in financial remedy proceedings (whether or not they are resident abroad) and the court is satisfied that service has...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan

Q&As

Where there is a risk of bankruptcy, can the court make an interim order for sale in financial remedy proceedings?

The court has no jurisdiction to make an interim property adjustment order, per the Court of Appeal decision in Wicks v Wicks. In addition, section...

25th Jan

Q&As

A husband and wife mortgaged their matrimonial home and applied the mortgage funds to the renovation of a property owned by the wife’s father. The parties then divorced and the husband issued financial proceedings under the Matrimonial Causes Act 1973. The husband wishes to make a separate claim against the wife’s father under the Trusts of Land and Appointment of Trustees Act 1996. What is the limitation period for such a claim, and when would it run from?

Where parties divorce, the court has significant powers to make orders relating to the division of matrimonial assets as set out in the Matrimonial...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

An individual has bought a property with a home rights notice registered against the title. While they have managed to register the transfer and their mortgage (the notice was registered before the mortgage), the notice is preventing them from remortgaging. Do they have any grounds to apply to the court for the removal of the notice?

Home rights or more properly matrimonial home rights are creatures of statute—the Matrimonial Homes Act 1967 as amended by the Family Law Act 1996...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Practice notes

HM Land Registry searches and obtaining bank statements

When engaging in the disclosure process, either voluntarily or pursuant to a formal application for a financial remedy, it will be necessary to...

17th Jan

Practice notes

Fast-track (shortened) financial remedy procedure

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, were amended by the Family Procedure (Amendment) Rules 2018, SI 2018/440 with effect from 4...

17th Jan

Practice notes

Evidential issues for the final hearing of an application for a financial remedy

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

17th Jan

Practice notes

Disclosure or inspection orders in relation to non-parties

BackgroundThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) do not contain a procedure for inspection (formerly production) appointments, as...

Produced in partnership with David Salter 17th Jan

Practice notes

Follow-up action after first appointment

The first appointment is a time-tabling hearing, with the objective of defining the issues, managing costs and setting out the next stages of the...

17th Jan

Practice notes

Preparation for the financial dispute resolution appointment

This Practice Note sets out guidance on the preparation required for the financial dispute resolution appointment (FDR) in terms of procedure and...

17th Jan

Practice notes

Instructing a forensic accountant in family proceedings

It is commonly the case that where in financial remedy proceedings one of the assets is an interest in a limited company, the court will direct a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Jan

Practice notes

Calderbank offers in family proceedings

A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will...

17th Jan

Practice notes

Effects of non-disclosure in financial proceedings

This Practice Note details requirements in relation to disclosure within financial proceedings, the duty of disclosure to the court as it relates to...

17th Jan

Practice notes

Joinder of third parties in financial proceedings

This Practice Note sets out the procedure to add a third party to financial proceedings as specified by the Family Procedure Rules 2010 (FPR 2010). It...

17th Jan

Practice notes

Privilege in financial remedy proceedings

In financial proceedings there is an ongoing duty to provide full, frank, and clear disclosure. Such disclosure includes all material facts, documents...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Jan

Practice notes

The first appointment

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

17th Jan

View Family by content type:

Latest Family News

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

Brexit SI Bulletin—drafts laid for sifting on 13 September 2018

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

Resolution and the ALC issue note on the implications of no-deal Brexit on public children law

Featured Family content

Notice of acting

Pension attachment orders

The no order principle

Sequestration (confiscation of assets) within contempt proceedings

Most recent Practice and procedure content

Popular documents

Novation—why and how to novate a contract

Recklessness in criminal cases

CE-File—electronic filing and case management in the Rolls Building and other courts

Compulsory winding up of a company—the process and procedure

Contact Us

Popular Links

Policies

Follow us