Financial provision

Financial provision guidance:

ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised issue of proceedings. It explains the location of...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to...

Practice Note

For family lawyers and divorcing parties, the impact of bankruptcy can have a dramatic affect on divorce proceedings and can (in the right circumstances) mean that the...

Practice Note

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription). IN...

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription). IN...

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription). IN...

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription)....

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription)....

Precedents

Standard financial orders, including in relation to pensions, have been issued as part of the standard orders project, see Practice Note: Standard orders—general...

Practice Note

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

Practice Note

This Practice Note details requirements in relation to disclosure within financial proceedings, the duty of disclosure to the court as it relates to both the parties and...

Practice Note

Undertakings and agreements Undertakings and agreements between parties in financial proceedings are recorded in the preamble to the order where the court lacks the...

Practice Note

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order for the sale of...

Practice Note

In relation to preparation for a final hearing generally see Practice Note: Preparation for the final hearing of an application for a financial remedy. For practical...

Practice Note

When pension contributions are recoverable This practice note addresses two questions: • whether a bankrupt’s pension arrangement falls within the bankruptcy estate and •...

Practice Note

This Practice Note provides an introduction to the factors to be taken into account by the court by virtue of the legislative provisions of section 25 of the Matrimonial...

Practice Note

Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is the catch-all provision and can be used if the other criteria do not...

Practice Note

Where the court is satisfied that reasonable financial provision has not been made for an applicant, it has power to make an order under section 2 of the Inheritance...

Practice Note

Child of the deceased Definition A child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975...

Practice Note

Introduction The conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the Inheritance (Family Provision) Act...

Practice Note

The effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family and Dependants) Act 1975 I(PFD)A 1975, ss 10–13 is that a person...

Practice Note

The court is required to move away from the common factors in section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) when considering...

Practice Note

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is designed to allow a court to vary the dispositions effected by the Will or intestacy of a...

Practice Note

Assuming the applicant overcomes the hurdles of proving that they are within the appropriate class of claimants and that the deceased failed to make reasonable provision...

Practice Note

Time limits An application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) cannot be issued after...

Practice Note

Testators have freedom to dispose of their estates as they wish, subject to the formal requirements for making a Will, the requirements of testamentary capacity and...

Practice Note