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Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

The following Family news provides comprehensive and up to date legal information on Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

The following Family news provides comprehensive and up to date legal information on Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

The following Dispute Resolution news provides comprehensive and up to date legal information on Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit: policy paper for cross-border framework—an EU perspective

The following Arbitration news provides comprehensive and up to date legal information on Brexit: policy paper for cross-border framework—an EU perspective

Featured Family content

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

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...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

Void and voidable marriages

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...

9th Nov

Practice notes

Working with counsel

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...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

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...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

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...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent Trusts content

Practice notes

Trusts in financial proceedings—evidence and procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan

Practice notes

Trusts—using trusts or property law in financial proceedings

In addition to the court’s power to vary a trust that is a nuptial settlement within the meaning of section 24(1)(c) of the Matrimonial Causes Act...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan

Practice notes

Introduction to trusts within financial proceedings

Trusts arrangements are increasingly popular with, for example, foreign individuals who live in the UK while retaining their non-UK domicile under UK...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan

Practice notes

Trusts—trustees in financial proceedings

What is a trustee?Trustees hold the legal title to the trust assets and control and manage them for the benefit of the beneficiaries. They are chosen...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan

Practice notes

Joinder of third parties in financial proceedings

This Practice Note sets out the procedure to add a third party to financial proceedings as specified by the Family Procedure Rules 2010 (FPR 2010). It...

17th Jan

Practice notes

Nature and classification of trusts—the nature and classification of trusts

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...

15th Jan

Practice notes

Nature and classification of trusts—constitution of trusts

Constituting the trustIn general no trust is created, whatever intention the settlor has manifested, unless legal title is vested in the trustees....

15th Jan

Practice notes

Trust disputes—appointment and removal of trustees

In general the trust instrument will provide for the appointment of replacement trustees but this is not always the case. In some circumstances the...

15th Jan

Practice notes

Trusts—variation of a nuptial settlement

A nuptial settlement is a settlement for the benefit of one or both of the parties or their children, created because of the marriage, or referring to...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 8th Jan

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 limited to property?

General trust principles apply equally to personalty as they do realty. However, the specific principles devised by the House of Lords in Stack v...

Produced in partnership with Nicholas Starks of St Ives Chambers 8th Jan

Q&As

In the case of a property held abroad by a husband and wife, where the local law does not allow for the transfer of any interest in land to a non-national of that area, can a transfer of property of one party's interest to the other be effected by an application to vary a nuptial settlement, or is there some other action that should be taken? Why does form A only refer to a variation of trusts for a child? Should the form be adapted manually?

There are practical limitations on the powers of the courts of England and Wales in respect of properties in foreign jurisdictions. While the court...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Practice notes

Trusts within financial proceedings—enforcement

The enforceability of any financial order should be considered at the outset of a case involving trusts, as enforcement considerations may influence...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 8th Jan

Practice notes

Trust disputes—sham trusts

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...

29th Nov

Practice notes

Variation of trusts—variation of trusts with the court's assistance

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...

29th Nov

Practice notes

Nature and classification of trusts—the three certainties

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...

29th Nov

Practice notes

Trust disputes—applications to the court by trustees

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...

29th Nov

Q&As