Preservation of assets

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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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9th Nov
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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9th Nov
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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9th Nov
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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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
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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9th Nov
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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9th Nov
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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9th Nov
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 >
9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
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 Jan
Practice notes
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...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Preservation of assets content

Practice notes
Procedure for an interim remedy under FPR 2010, Pt 20Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May
Practice notes
Restraining a party from leaving the jurisdictionWhere a party wishes to enforce an order, and the respondent intends to leave the jurisdiction of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May
Practice notes
Applications to restrain future dealing—MCA 1973, s 37Great care should be taken when dealing with an application to preserve assets. An...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th May
Practice notes
Interim orders under FPR 2010, Pt 20Available remediesPart 20 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) sets out a wide range of...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th May
Practice notes
Applications to set aside past dealings—MCA 1973, s 37Setting asideWhere a party considers that the other party has disposed of assets to a third...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May
Practice notes
Search orders (Anton Piller)—family proceedingsBackgroundIn exceptional circumstances the court may make a search order that allows the applicant's...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May
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...
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14th Feb
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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13th Feb
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 Nov
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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26th Nov

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