Financial provision

Ensuring fair financial outcomes in family law cases requires a thorough understanding of the latest statutory guidelines and case law developments. This resource offers up-to-date practical tips and insights, helping practitioners effectively advise and represent their clients in matters of financial provision. Whether dealing with maintenance, lump sum payments, or property division, we provide the essential tools to navigate these financial aspects with confidence and precision.

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Sub Topics We Cover

Applications under Schedule 1 to the Children Act 1989 Bankruptcy and family financial remedy proceedings Consent orders Factors considered by the court Family provision claims Financial provision after overseas divorce Lump sum orders Maintenance pending suit and legal services orders Marital/civil partnership agreements Pensions and insurance Periodical payments for children Practice and procedure Preservation of assets Property adjustment orders Special considerations Spousal/civil partner periodical payments Trusts Variation of financial remedy orders

Latest Family News

High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

The following Family news provides comprehensive and up to date legal information on High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family weekly highlights—26 June 2025

Family weekly highlights—26 June 2025

The following Family news provides comprehensive and up to date legal information on Family weekly highlights—26 June 2025

Hadkinson versus unless orders (Ahmad v Faraj)

Hadkinson versus unless orders (Ahmad v Faraj)

The following Family news provides comprehensive and up to date legal information on Hadkinson versus unless orders (Ahmad v Faraj)

Family weekly highlights—19 June 2025

Family weekly highlights—19 June 2025

The following Family news provides comprehensive and up to date legal information on Family weekly highlights—19 June 2025

Featured Family content

Procedure—Schedule 1 to the Children Act 1989

Procedure—Schedule 1 to the Children Act 1989

Procedure—Schedule 1 to the Children Act 1989This Practice Note sets out the procedural requirements in relation to an application under Schedule 1 to...

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997This Practice Note explains the six criminal offences that may be committed under the...

Striking out a statement of case

Striking out a statement of case

Striking out a statement of caseThis Practice Note explains the court's power to strike out a statement of case. It summarises the grounds on which a...

The grounds on which a marriage is void

The grounds on which a marriage is void

The grounds on which a marriage is voidA void marriage is one that will be treated by the court as never having taken place. The grounds on which a...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration (confiscation of assets) within contempt proceedingsSequestration is a process for dealing with a contempt of court that would be...
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Produced in partnership with David Salter
30th May
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an...
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30th May
tag iconCOVID-19
Practice notes

Notice to show cause applications in family proceedings

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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2nd Jun
Q&As

What is the procedure to withdraw an application made on Form C100?

What is the procedure to withdraw an application made on Form C100?Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.4 provides that any...
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2nd Jun
Precedents

Pre-nuptial agreements—client guide

Pre-nuptial agreements—client guideThis document provides general guidance regarding pre-nuptial agreements. Your family lawyer will be able to...
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2nd Jun
Practice notes

Steps to take after a client meeting

Steps to take after a client meetingFile noteA file note (also known as an attendance note) should be prepared immediately after the first interview,...
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30th May
Q&As

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to prevent a party to a divorce from giving copies of the petition to a third party such as an employer?

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to prevent a party to a divorce from giving copies of...
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2nd Jun
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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30th May
Practice notes

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...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd
2nd Jun
Practice notes

Non-molestation orders

Non-molestation ordersUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from...
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30th May
tag iconCOVID-19
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
30th May
Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...
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2nd Jun
Practice notes

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...
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30th May
Q&As

What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will the respondent be notified of any application to withdraw the petition and what does the court take into account in deciding whether the petition should be dismissed?

What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will the respondent be notified of any...
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2nd Jun
Practice notes

Enforcing an order for sale

Enforcing an order for saleThis Practice Note explains when the court can make an order for the sale of property in proceedings under the Matrimonial...
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Produced in partnership with David Salter
2nd Jun
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
30th May

Popular documents

Fast-track (shortened) financial remedy procedure

Fast-track (shortened) financial remedy procedureThe ‘fast-track procedure’ (formerly known as the accelerated or shortened procedure) means the procedure set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch V (SI 2010/2955, 9.18–9.21A). The ‘standard procedure’ means the

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThis Practice Note provides guidance on the basis and use of Duxbury calculations in relation to the calculation of capitalised spousal or civil partner maintenance/periodical payments, within financial remedy proceedings, including the assumptions made,

The duty of disclosure in financial proceedings

The duty of disclosure in financial proceedingsThis Practice Note provides guidance on the ongoing duty of full and frank disclosure in financial proceedings, together with the possible consequences of any breach of duty, including the court drawing adverse inferences. It also considers the Supreme

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a