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Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children)(Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

Practice notes

Occupation orders

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
tag iconCOVID-19
Practice notes

Applications under the Protection from Harassment Act 1997

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—procedure

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 law

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 separation

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 orders

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 proceedings

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

Letter to court applying for decree absolute more than 12 months after decree nisi

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
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

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 marriages

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, what evidence will the court require in order to approve the order?

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 proceedings

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 1989

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 orders

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 principles

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 certainties

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 trustees

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 proceedings

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—enforcement

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 procedure

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 proceedings

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 settlement

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 trustees

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 trusts

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 assistance

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 proceedings

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 proceedings

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

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?

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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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?

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 limited to property?

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 trusts

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 trusts

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

Popular documents

Liquidated damages in construction contracts

Liquidated damages in construction contracts

Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

Sale of treasury shares

Sale of treasury shares

Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general