Special considerations

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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
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
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
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
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...
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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
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
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

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
Practice notes
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...
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9th Dec
Practice notes
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...
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28th Nov
Practice notes
BackgroundThe court must have regard to a range of factors when making final orders in financial order proceedings. This exercise must now be...
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28th Nov
Practice notes
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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28th Nov
Practice notes
This Practice Note provides an overview of the courts' general approach to assets held in trust within proceedings, including the variation of nuptial...
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28th Nov
Practice notes
Conduct is a specific factor to be taken into account under section 25(2)(g) of the Matrimonial Causes Act 1973 (MCA 1973) and para 21(2)(g) of...
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28th Nov
Practice notes
This Practice Note sets out the approach taken in cases where the assets are limited and may only be sufficient to meet needs, sometimes known as...
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28th Nov
Q&As
Case law examples where pre-marital contributions to pensions have been considered by the court include:•in WM v HM Mostyn J excluded from the value...
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28th Nov
Q&As
Whether the former matrimonial home will be considered a marital asset if it was inherited will depend on the facts of the case.There is some guidance...
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28th Nov
Q&As
Bigamy is forbidden by both civil and criminal law. A marriage will be declared null and void where a spouse was, at the time of the marriage, a party...
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28th Nov

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