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Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
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
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
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
Practice notes
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
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As
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
Practice notes
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
Practice notes
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 Trusts content

Practice notes
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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13th Sep
Practice notes
Trust disputes—applications to the court by trusteesIt is not uncommon for trustees to be faced with difficulties in the execution of their trusts....
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18th Aug
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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18th Aug
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 18th Aug
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 18th Aug
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 18th Aug
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 18th Aug
Practice notes
Trust disputes—appointment and removal of trusteesIn general the trust instrument will provide for the appointment of replacement trustees (see...
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16th Aug
Practice notes
Nature and classification of trusts—the nature and classification of trustsNature of trustsThe trust conceptTypically, the settlor is the original...
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16th Aug
Practice notes
Variation of trusts—variation of trusts with the court's assistanceVariation of trustsIt is open to a settlor to impose such trusts and confer such...
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15th Aug
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 Aug
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 Aug
Q&As
What is the impact of divorce on trust assets, where the husband is the beneficiary to a lifetime defeasible interest in possession trust?We have...
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15th Aug
Q&As
Is it possible to have a common intention constructive trust over joint savings held in an account in the sole name of one party, or is that doctrine...
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Produced in partnership with Nicholas Starks of St Ives Chambers 31st Jul
Practice notes
Nature and classification of trusts—constitution of trustsConstituting the trustIn general no trust is created, whatever intention the settlor has...
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31st Jul
Practice notes
Trust disputes—sham trustsThe issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in...
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31st Jul

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