Property adjustment orders

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Practice notes
Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...
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19th May
Practice notes
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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19th May
Practice notes
The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...
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19th May
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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19th May
Practice notes
Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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19th May
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes
Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May
Practice notes
Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...
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19th May
Practice notes
Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...
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19th May
Practice notes
The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...
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19th May
Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th 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 19th May
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Precedents
To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...
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19th May

Most recent Property adjustment orders content

Q&As
Where the new partner of a spouse who remains in occupation of the former matrimonial home moves into that property, can the non-occupying spouse make...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Q&As
Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Q&As
Can the court order a transfer of equity from both owners to one owner of a property?For the purposes of this Q&A we have assumed that the transfer of...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Q&As
Where spouses own a property as joint tenants, will the joint tenancy be severed either by the issue of divorce proceedings or by pronouncement of...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Q&As
Is it possible for the parties in family proceedings to make a joint application to vary an order for sale?The context within which the court has made...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Q&As
Can a property adjustment order be made by consent in relation to foreign property, where the property is to be retained in joint names and sold at a...
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Produced in partnership with Nicholas Starks of St Ives Chambers 31st Jul
Q&As
Is it possible to vary a Mesher order by consent where the non-occupying party has agreed to an extension of the timescale for a transfer to take...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Q&As
Following pronouncement of decree absolute is the court able to make an order selling or transferring property without notice to the respondent if the...
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31st Jul
Q&As
How may an order for sale contained within a consent order made at a financial dispute resolution appointment in 2003 be enforced? Can the order be...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Q&As
The former matrimonial home is owned by the parties and also a parent of one of the parties. An agreement has been reached for payment of a lump sum...
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Produced in partnership with Paul Infield of The 36 Group 31st Jul

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