Financial provision

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Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...
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19th May
Q&As
What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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19th May
Practice notes
The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...
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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
Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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19th May
Q&As
Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 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
The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...
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19th May
Practice notes
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
Practice notes
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
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
Practice notes
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 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
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

Most recent Financial provision content

Q&As
The standard order financial remedy omnibus includes provision for an irrevocable deed of covenant. Where an order is made that includes that clause,...
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5th Jun
Q&As
A sole trader's business bank account contains monies used as working capital for their business, with a fluctuating balance. How would that account...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
In financial proceedings, will the court accept an order where maintenance is expressed to be paid in a foreign currency rather than GBP?When parties...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
If a party to financial remedy proceedings on divorce enters into an individual voluntary arrangement, how will this impact on the proceedings and any...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
Can a child maintenance claim be made for a child who is age 17 where the parents agreed that a claim would not be made, and the child sometimes...
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5th Jun
Q&As
Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order...
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5th Jun
Q&As
When completing an application for a financial order in Form A, does the term ‘property adjustment order’ include an order for sale?By virtue of...
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5th Jun
Q&As
Where spouses own a property as joint tenants, will the joint tenancy be severed either by the issue of divorce proceedings or by pronouncement of...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third...
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5th Jun
Q&As
What factors should be covered in a statement in relation to an application under section 31 of the Matrimonial Causes Act 1973 to reduce or terminate...
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5th Jun
Q&As
Where the assets in relation to financial provision on divorce are very limited to non-existent, and one party would like to proceed by way of a clean...
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5th Jun

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