Preservation of assets

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Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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30th Oct
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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15th Oct
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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12th Oct
Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Oct
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
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...
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26th Sep
Practice notes
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...
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26th Sep
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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26th Sep
Practice notes
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...
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25th Sep
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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25th Sep

Most recent Preservation of assets content

Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 26th Sep
Practice notes
A freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a party from disposing or dealing with...
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26th Sep
Q&As
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
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...
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28th Sep
Q&As
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...
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28th Sep
Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep
Practice notes
BackgroundIn exceptional circumstances the court may make a search order that allows the applicant's representatives to enter the respondent's...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep
Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep
Practice notes
Great care should be taken when dealing with an application to preserve assets. An ill-conceived, badly prepared application or one that does not...
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Produced in partnership with David Salter 28th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Sep
Precedents
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...
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16th Oct
Precedents
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...
Read More >
16th Oct

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