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...
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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...
A failure to disclose a material fact or document could justify setting aside a financial order, but whether or not the order will be set aside will...
The parties to divorce proceedings are the petitioner and respondent, and therefore only they will be bound by a financial order made by the court in...
Undertakings are the bespoke way of including enforceable obligations in the preamble to a financial remedy order which the court would otherwise have...
Section 37 of the Matrimonial Causes Act 1973 (MCA 1973) is a powerful weapon. It enables the court to restrain a proposed disposition of an asset, or...
The starting point is generally for the most up-to-date valuation available to be ultilised. In FZ v SZ, Mostyn J indicated (in a case where there was...
An undertaking may not be varied by a court, but the person making it may, on application, be released from its performance, often having offered an...
Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955...
Within the context of financial provision proceedings, a redundancy payment is a resource to be utilised in lieu of the salary. Just as a salary would...
The powers of the court are set out in sections 23–24 of the Matrimonial Causes Act 1973 (MCA 1973). While those powers relate to the sale of land and...
At the request of the party who seeks the disclosure, the court may issue a witness summons requiring a witness to attend court to give evidence or to...
The procedure for making an application for a decree nisi is set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7. Where the case is...
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