Financial provision

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Practice notes
Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...
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19th May
Practice notes
Pension attachment ordersThe power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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19th May
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes
Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...
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19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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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
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
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
Practice notes
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Practice notes
Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Financial provision content

Practice notes
Marital and civil partnership agreements—international aspectsThis Practice Note provides guidance on specific considerations in relation to marital...
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10th Jun
Practice notes
Marital and civil partnership agreements—drafting and formalitiesFollowing the Supreme Court decision in Radmacher (formerly Granatino) v Granatino, a...
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10th Jun
Practice notes
Choice of court agreementsThis Practice Note examines the development of the role of choice of court agreements in the family jurisdiction in England...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 10th Jun
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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9th Jun
Precedents
Standard order—certificate to request allocation to a High Court judge in financial remedy proceedingsIn the Family CourtSitting at the Royal Courts...
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9th Jun
Practice notes
The Financial Remedies CourtCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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9th Jun
Precedents
Spousal and civil partner maintenance—client guideThis document provides general guidance regarding an application to the court for maintenance on...
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8th Jun
Practice notes
Valuing pension rights in family proceedingsPrescribed valuation methodWhether a pension is to be the subject of offsetting, attachment or sharing,...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 8th Jun
Q&As
How is index linked maintenance calculated on an order that is a few years old? What is the position where the method and calculation of the index...
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8th Jun
Practice notes
Periodical payments—variation—procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...
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8th Jun
Practice notes
Periodical payments—drafting the orderCare should be taken when drafting the terms of a periodical payments order to ensure that it reflects either...
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8th Jun
Practice notes
General principles—spousal and civil partner periodical paymentsThe court’s power to order periodical payments is contained in section 23(1)(a) of the...
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8th Jun
Practice notes
Pensions—the state pensionThis Practice Note provides guidance on:•the old state pension scheme for those reaching state retirement age prior to 6...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 8th Jun
Practice notes
Pensions—glossaryA-day'A-day' is the commonly used name regarding wide-ranging pension 'simplification' tax changes that took effect from 6 April...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 8th Jun
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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8th Jun
Q&As
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 7th Jun
Practice notes
How a pension is dealt with in bankruptcyThe position of a personal pension on bankruptcyA bankrupt’s estate automatically vests in the official...
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Produced in partnership with Philip Hinks of 3 Verulam Buildings (3VB) 7th Jun
Practice notes
Excessive pension contribution recoveryWhen pension contributions are recoverableThis practice note addresses two questions:•whether a bankrupt’s...
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Produced in partnership with Raj Arumugam of 5 Stone Buildings 7th Jun
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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7th Jun

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