Financial provision

Financial provision guidance:

Sections 49–54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012) introduced changes to the Matrimonial Causes Act 1973 (MCA 1973) and the...

Practice Note

The court’s power to make an order for maintenance pending suit is contained in section 22 of the Matrimonial Causes Act 1973 (MCA 1973) and in Schedule 5 to the Civil...

Practice Note

This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings, including the...

Practice Note

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial proceedings, including as...

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, inter alia, when considering which courts...

Practice Note

The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1, para 2(1)(a) of the...

Practice Note

When engaging in the disclosure process, either voluntarily or pursuant to a formal application for a financial remedy, it will be necessary to provide details about the...

Practice Note

The position of a personal pension on bankruptcy A bankrupt’s estate automatically vests in the official receiver (or an insolvency practitioner if instead appointed at...

Practice Note

This Practice Note explains the effect that remarriage, forming a civil partnership, or cohabitation have on the ability to apply for financial orders, as well as the...

Practice Note

Unlike pension sharing orders, there is no complex implementation process for pension attachment orders, see: Pensions—financial remedy procedure—Implementation of a...

Practice Note

The parties to a marriage or civil partnership cannot contract out of the court’s jurisdiction to make orders for financial provision on divorce or dissolution, however,...

Practice Note

What is a pre-nuptial agreement? A pre-nuptial (or pre-civil partnership) agreement is a contract between the parties to an intended marriage or civil partnership that...

Practice Note

By virtue of section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973), the court must give consideration to: '…the income, earning capacity, property and other...

Practice Note

The court is not specifically referred to the question of inherited assets or the parties’ inheritance prospects by section 25 of the Matrimonial Causes Act 1973 (MCA...

Practice Note

This Practice Note provides guidance on the joint instruction of an expert witness in financial proceedings under the Family Procedure Rules 2010 (FPR 2010), SI...

Practice Note

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. See Practice Note: Brexit and family law. This Practice Note sets out the current...

Practice Note

Available remedies Part 20 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) sets out a wide range of interim remedies that may be ordered by the court...

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, inter alia, when considering which courts...

Practice Note

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

Practice Note

The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new provisions as to...

Practice Note

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 provides guidance...

Practice Note

[insert date] Dear [insert client’s name] I enclose a draft financial statement in Form E. Please read it very carefully because it is essential that the contents are...

Precedents

[insert date] Dear [insert client’s name] I enclose your completed Form E. Please read it carefully to ensure that the details are correct. You have previously approved...

Precedents

Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)] The estate of [name] deceased LETTER OF CLAIM— Potential claim under...

Precedents

1 Introduction This letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to divorce proceedings between [client’s full...

Precedents

1 Introduction This letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to divorce proceeding between [client’s full...

Precedents