Preservation of assets

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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

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

Notice of acting

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

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...

30th Oct

COVID-19

In-house

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...

15th Oct

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...

12th Oct

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Oct

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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....

26th Sep

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...

26th Sep

COVID-19

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

25th Sep

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...

25th Sep

Most recent Preservation of assets content

Practice notes

Restraining a party from leaving the jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

Produced in partnership with David Salter, deputy High Court judge and Recorder 26th Sep

Practice notes

Freezing orders (Mareva)—family proceedings

A freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a party from disposing or dealing with...

26th Sep

Q&As

Where no divorce petition has been filed, what are the options for a spouse to recover assets where the other party has withdrawn savings from both personal and business accounts? Can an application to set aside dealings under section 37 of the Matrimonial Causes Act 1973 only be made where there are existing proceedings?

Pursuant to section 37 of the Matrimonial Causes Act 1973 (MCA 1973), the court may make an order setting aside a disposition, or make an order...

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

Q&As

Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure pursuant to Part 20 of the Family Procedure Rules 2010?

The High Court and the Family Court have a general power to grant an injunction (interlocutory or final) to appoint a receiver, where it is ‘just and...

28th Sep

Q&As

Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order is finalised? If not, what protection, if any, is available?

Where no application has been made to extend home rights so that they do not come to an end on decree absolute per section 33(5) of the Family Law Act...

28th Sep

Q&As

The former matrimonial home is registered in one spouse’s sole name, and a mortgage secured against it to enable that spouse to purchase a second property in their sole name which was subsequently transferred into the joint names of that spouse and their new partner. The non-owning spouse has registered a homes right notice against the matrimonial home, what steps can they take to protect their interest in the second property which forms part of the matrimonial assets?

The appropriate course of action will be dependent on the exact circumstances of the case. Potential options are detailed below.Home rightsSection 30...

28th Sep

Practice notes

Interim orders under FPR 2010, Pt 20

Available remediesPart 20 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) sets out a wide range of interim remedies that may be ordered by...

Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep

Practice notes

Search orders (Anton Piller)—family proceedings

BackgroundIn exceptional circumstances the court may make a search order that allows the applicant's representatives to enter the respondent's...

Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep

Practice notes

Applications to set aside past dealings—MCA 1973, s 37

Setting asideWhere a party considers that the other party has disposed of assets to a third party so as to defeat their claims in financial...

Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep

Practice notes

Applications to restrain future dealing—MCA 1973, s 37

Great care should be taken when dealing with an application to preserve assets. An ill-conceived, badly prepared application or one that does not...

Produced in partnership with David Salter 28th Sep

Practice notes

Procedure for an interim remedy under FPR 2010, Pt 20

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

Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep

Q&As

How can a spouse prevent the other spouse from disposing of a property (not the matrimonial home but part of the matrimonial assets), in the latter’s sole name, without their consent. Can they enter a notice or restriction at HM Land Registry?

For the purposes of this Q&A we have assumed that the context is matrimonial proceedings.Notices and restrictions may be used to afford some limited...

29th Sep

Precedents

Standard order 3.2—search order—family proceedings

Note: On 30 November 2017 the then President of the Family Division, Sir James Munby, issued additional guidance as to the use and status of financial...

16th Oct

Precedents

Standard order 3.1—freezing order—family proceedings

Note that on 30 November 2017 the President of the Family Division, Sir James Munby, issued additional guidance as to the use and status of financial...

16th Oct