Spousal/civil partner periodical payments

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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
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19th May
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Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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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
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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
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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
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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
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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 Spousal/civil partner periodical payments content

Q&As
What factors should be covered in a statement in relation to an application under section 31 of the Matrimonial Causes Act 1973 to reduce or terminate...
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18th Aug
Q&As
Can an application be made for exemption from attendance at a mediation information and assessment meeting (MIAM) where the applicant is no longer in...
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18th Aug
Q&As
Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As
Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to...
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18th Aug
Practice notes
Registration of a maintenance order made in the High Court in the Family CourtNote that the single Family Court replaced the previous three tiers of...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Periodical payments—variation of ordersThe court’s power to vary orders is set out in section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and in...
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18th Aug
Practice notes
Periodical payments—variation—procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...
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18th Aug
Practice notes
Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...
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18th Aug
Practice notes
Capitalised maintenance on variationThis Practice Note sets out the circumstances in which the court may make a lump sum order by way of capitalised...
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18th Aug
Practice notes
Periodical payments—drafting the orderCare should be taken when drafting the terms of a periodical payments order to ensure that it reflects either...
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15th Aug
Practice notes
General principles—spousal and civil partner periodical paymentsThe court’s power to order periodical payments is contained in section 23(1)(a) of the...
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15th Aug
Practice notes
Impact of remarriage, subsequent civil partnership, or cohabitationThis Practice Note explains the effect that remarriage, forming a civil...
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15th Aug
Practice notes
Periodical payments—means of payment orderA means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th Aug
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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15th Aug
Q&As
On an application under section 31 of the Matrimonial Causes Act 1973 to vary an existing unsecured spousal periodical payments order, can the court...
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Produced in partnership with Matthew Haynes of St Ives Chambers 15th Aug
Precedents
Spousal and civil partner maintenance—client guideThis document provides general guidance regarding an application to the court for maintenance on...
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15th Aug
Q&As
If there are new pension assets, can these be shared despite there being a clean break in regard to pension sharing?When a married couple divorce, the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

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