Special considerations

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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
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
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
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
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov

Most recent Special considerations content

Practice notes
Special considerations for business assetsBusiness assets, whether in the form of shares in a limited company, an interest in a partnership or LLP, or...
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15th May
Practice notes
Non-matrimonial or non-civil partnership assetsThere is no statutory definition of a non-matrimonial asset, but the distinction between such assets...
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15th May
Practice notes
Stellar performersBackgroundThe court must have regard to a range of factors when making final orders in financial order proceedings. This exercise...
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15th May
Practice notes
Effects of non-disclosure in financial proceedingsThis Practice Note details requirements in relation to disclosure within financial proceedings, the...
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15th May
Practice notes
Special considerations in middle and low income casesThis Practice Note sets out the approach taken in cases where the assets are limited and may only...
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15th May
Practice notes
Financial proceedings—conduct of the partiesConduct is a specific factor to be taken into account under section 25(2)(g) of the Matrimonial Causes Act...
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15th May
Practice notes
Contributions of the partiesIn financial order proceedings, the court must have regard to a range of factors that are set out in section 25 of the...
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15th May
Practice notes
Special considerations for third-party interestsThere are a range of situations in which the interests of third parties will be relevant to the...
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15th May
Practice notes
Special considerations for assets held in trustThis Practice Note provides an overview of the courts' general approach to assets held in trust within...
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15th May
Practice notes
Inherited assetsThe court is not specifically referred to the question of inherited assets or the parties’ inheritance prospects by section 25 of the...
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15th May
Practice notes
Special considerations in big-money casesThe House of Lords decision in White v White established that a claimant’s needs in big-money cases should...
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15th May
Q&As
The court is not specifically referred to the question of inherited assets or the parties’ inheritance prospects by section 25 of the Matrimonial...
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Produced in partnership with Nick Starks of St. Ives Chamber 13th Feb
Q&As
Under an individual voluntary agreement (IVA), a debtor avoids bankruptcy by entering into a repayment plan with their creditors. If the former spouse...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
Financial proceedings on divorce are subject to the overriding objective in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 1.1, with the...
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13th Feb
Q&As
The identification, and separate treatment, of non-matrimonial property has its genesis in White v White, but received its full exposition and...
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Produced in partnership with Paul Infield of The 36 Group 13th Feb
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.17(3)–(4) provide that a case may not be transferred from the Family Court to the High...
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13th Feb
Q&As
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...
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Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb
Q&As
Pre-nuptial agreements, while persuasive, are not binding on the court and the current position is as set out in Radmacher (formerly Granatino) v...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb

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