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Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
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
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
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
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
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
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
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
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
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
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
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
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
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Trusts content

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 >
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
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...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
Trusts arrangements are increasingly popular with, for example, foreign individuals who live in the UK while retaining their non-UK domicile under UK...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
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...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 17th Jan
Practice notes
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...
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17th Jan
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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15th Jan
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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15th Jan
Practice notes
In general the trust instrument will provide for the appointment of replacement trustees but this is not always the case. In some circumstances the...
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15th Jan
Practice notes
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...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 8th Jan
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 8th Jan
Practice notes
The enforceability of any financial order should be considered at the outset of a case involving trusts, as enforcement considerations may influence...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 8th Jan
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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29th Nov
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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29th Nov
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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29th Nov
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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29th Nov
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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28th Nov

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