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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
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
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
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
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
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
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
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
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
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
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
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
This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Trusts content

Practice notes
Trusts—variation of a nuptial settlementA nuptial settlement is a settlement for the benefit of one or both of the parties or their children, created...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 15th May
Practice notes
Trusts—using trusts or property law in financial proceedingsIn addition to the court’s power to vary a trust that is a nuptial settlement within the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 15th May
Practice notes
Joinder of third parties in financial proceedingsThis Practice Note sets out the procedure to add a third party to financial proceedings as specified...
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15th May
Practice notes
Trusts within financial proceedings—enforcementThe enforceability of any financial order should be considered at the outset of a case involving...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 15th May
Practice notes
Trusts in financial proceedings—evidence and procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 15th May
Practice notes
Introduction to trusts within financial proceedingsTrusts arrangements are increasingly popular with, for example, foreign individuals who live in the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 15th May
Practice notes
Trusts—trustees in financial proceedingsWhat is a trustee?Trustees hold the legal title to the trust assets and control and manage them for the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 15th May
Practice notes
Nature of trustsThe trust conceptTypically, the settlor is the original owner of property and creates a trust by conveying it to one or more trustees...
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5th May
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Apr
Practice notes
Constituting the trustIn general no trust is created, whatever intention the settlor has manifested, unless legal title is vested in the trustees....
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9th Apr
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Apr
Practice notes
Variation of trustsIt is open to any settlor to impose such trusts and confer such powers and discretions as they see fit. Consequently, the general...
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9th Apr
Practice notes
It is not uncommon for trustees to be faced with difficulties in the execution of their trusts. They are entitled to ask the court for help in such...
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9th Apr
Practice notes
In general the trust instrument will provide for the appointment of replacement trustees (see Practice Note: Trustees—appointment of trustees) but...
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16th Mar
Q&As
We have understood your query to be as to the impact of divorce on trust assets, in this case a lifetime defeasible interest in possession trust,...
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13th Feb
Q&As
General trust principles apply equally to personalty as they do realty. However, the specific principles devised by the House of Lords in Stack v...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb

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