Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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...
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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...
Section 30 of the Family Law Act 1996 (FLA 1996) provides that where spouse A is entitled to occupy a dwelling house through a beneficial interest in...
For the purposes of this Q&A we have assumed that the transfer of equity is in a family law context.Pursuant to section 24 of the Matrimonial Causes...
Part V of the Housing Act 1985 (HA 1985) contains provisions relating to the right to buy. This provides that a secure tenant of a dwelling-house in...
The principal powers to make financial provision upon divorce are contained in sections 23, 24 and 24B of the Matrimonial Causes Act 1973 (MCA 1973)....
Section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court must have regard to, inter alia ‘…the income, earning capacity,...
Relevant legal provisionsRule 29.12 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 provides that no document or copy of a document filed...
The powers of the court to order financial provision upon divorce are contained in Part II of the Matrimonial Causes Act 1973 (MCA 1973). See Practice...
Where a party to financial proceedings has a new partner, and says they have no knowledge as to their partner's income and capital, the question to be...
An application within existing financial remedy proceedings is made using the procedure under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
The appointment of an expert in family proceedings is governed by Part 25 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. Pursuant to FPR...
If pre-application correspondence is leading nowhere, for the applicant the most practical course of action can be to issue proceedings. This is not...