Special considerations

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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
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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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
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 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
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent Special considerations content

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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6th Sep
Q&As
Where the assets in relation to financial provision on divorce are very limited to non-existent, and one party would like to proceed by way of a clean...
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18th Aug
Q&As
Where issues of conduct are raised in financial proceedings, when will it be appropriate for there to be a transfer to the High Court?The Family...
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18th Aug
Q&As
If one party to financial remedy proceedings on divorce has a very significant inheritance at the outset of the proceedings what are the requirements...
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Produced in partnership with Nick Starks of St. Ives Chamber 18th Aug
Q&As
Where spouses have a joint tenancy with a local authority, how can the one spouse stop the other spouse from serving notice to quit or giving up the...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug
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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18th Aug
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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18th Aug
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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18th Aug
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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18th Aug
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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18th Aug
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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18th Aug
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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18th Aug
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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18th Aug
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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18th Aug
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 Aug
Q&As
Where a redundancy payment is received by a party during the course of the marriage, will it be treated as part of the marital acquest?Within the...
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Produced in partnership with Matthew Haynes of St Ives Chambers 15th Aug
Q&As
Where the parties executed a declaration of trust when engaged to be married, could this be considered to be a valid pre-nuptial agreement with the...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 15th Aug

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