Introduction Under sections s 31(7A)–(7F) of the Matrimonial Causes Act 1973 (MCA 1973) (as amended) and the Civil Partnership Act 2004 equivalent provisions (CPA 2004)...
The basis of Duxbury calculations A Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical payment requirement...
Duty of the court to consider a clean break Although there is no presumption in favour of there being a financial clean break between parties on divorce,...
The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1, para 2(1)(a) of the...
This Practice Note explains the effect that remarriage, forming a civil partnership, or cohabitation have on the ability to apply for financial orders, as well as the...
Care should be taken when drafting the terms of a periodical payments order to ensure that it reflects either the agreement reached, where it is to be set out in a...
The court’s power to vary orders is set out in section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and in Schedule 5 to the Civil Partnership Act 2004 (CPA 2004),...
This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners considering which courts have...
Note that the single Family Court replaced the previous three tiers of court structure (family proceedings court, County Court, High Court), save that the High Court...