Special considerations

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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
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
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
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
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
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
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
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
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
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
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
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
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Special considerations content

Practice notes
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...
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17th Jan
Practice notes
This Practice Note details requirements in relation to disclosure within financial proceedings, the duty of disclosure to the court as it relates to...
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17th Jan
Practice notes
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...
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17th Jan
Practice notes
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...
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17th Jan
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 8th Jan
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 8th Jan
Q&As
It is common for a party in financial remedy proceedings to receive their income on a self-employed basis as a sole trader. This means that rather...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
Before deciding whether to make an order under section 24A of the Matrimonial Causes Act 1973 (MCA 1973) for the sale of a property in which a third...
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Produced in partnership with Paul Infield of The 36 Group 8th Jan
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 8th Jan
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 8th Jan
Q&As
It is commonly the case that where, in financial remedy proceedings, one of the assets is an interest in a limited company, the court will direct a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
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 8th Jan
Q&As
At common law, notice by any secure tenant is sufficient to determine a joint tenancy. In practice, this may mean that where one party leaves a family...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 8th Jan
Precedents
This document provides general guidance regarding an application to court to resolve your financial arrangements on divorce or dissolution. Your...
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24th Dec
Precedents
This document provides general guidance regarding financial disclosure. Your family lawyer will be able to provide specific advice based on your...
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24th Dec

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