Special considerations

Special considerations guidance:

In financial order proceedings, the court must have regard to a range of factors that are set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973), or Schedule...

Practice Note

Requirements The obligation on a party to provide full, frank, and clear, disclosure of all material facts, documents and information relevant to the case, and the...

Practice Note

Conduct is a specific factor to be taken into account under section 25(2)(g) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 5 to the Civil Partnership...

Practice Note

The court is not specifically referred to the question of inherited assets or the parties’ inheritance prospects by section 25 of the Matrimonial Causes Act 1973 (MCA...

Practice Note

There is no statutory definition of a non-matrimonial asset, but the distinction between such assets and those that form part of the marital acquest has been...

Practice Note

This Practice Note provides an overview of the courts' general approach to assets held in trust within proceedings, including the variation of nuptial settlements,...

Practice Note

Business assets, whether in the form of shares in a limited company, an interest in a partnership or LLP, or those of a sole trader, will be considered part of the...

Practice Note

There are a range of situations in which the interests of third parties will be relevant to the parties’ finances. The degree to which third parties will become involved...

Practice Note

The House of Lords decision in White v White established that a claimant’s needs in big-money cases should not be the determinative factor. Prior to White financial...

Practice Note

In middle and low income cases, the parties' needs for housing and income may not be met by the relevant assets, or the assets may be limited to the extent that...

Practice Note

Background The court must have regard to a range of factors when making final orders in financial order proceedings. This exercise must now be undertaken in light of...

Practice Note