Financial provision

Financial provision guidance:

The Pension Protection Fund (PPF) was set up by the Pensions Act 2004 (PeA 2004) as a statutory fund to pay compensation to members of certain occupational pension...

Practice Note

STOP PRESS: This Practice Note is currently being reviewed as part of our routine quality control processes. It remains suitable for use. On completion of the review the...

Practice Note

This Practice Note looks at the jurisdiction of the Pensions Ombudsman to deal with occupational and personal pension-related complaints and disputes under its...

Practice Note

The 'three-year rule' and why it applies The reforms introduced by the Enterprise Act 2002 (EnA 2002) included the insertion of a new section 283A into the Insolvency Act...

Practice Note

It is not uncommon for trustees to be faced with difficulties in the execution of their trusts. They are entitled to ask the court for help in such cases. They are also...

Practice Note

In general the trust instrument will provide for the appointment of replacement trustees but this is not always the case. In some circumstances the court may have to...

Practice Note

The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who will seek to argue...

Practice Note

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales...

Practice Note

The enforceability of any financial order should be considered at the outset of a case involving trusts, as enforcement considerations may influence the case from the...

Practice Note

What is a trustee? Trustees hold the legal title to the trust assets and control and manage them for the benefit of the beneficiaries. They are chosen by the settlor and...

Practice Note

In addition to the court’s power to vary a trust that is a nuptial settlement within the meaning of section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) (see...

Practice Note

A nuptial settlement is a settlement for the benefit of one or both of the parties or their children, created because of the marriage, or referring to the marriage,...

Practice Note

Rationale for valuation In any financial remedy application, some valuation of all relevant assets and liabilities needs to be obtained. A failure to do so may be...

Practice Note

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

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

By virtue of section 31 of the Matrimonial Causes Act 1973 (MCA 1973), and the corresponding provisions in the Civil Partnership Act 2004 (CPA 2004), the court has the...

Practice Note

Variation of trusts It is open to any settlor to impose such trusts and confer such powers and discretions as they see fit. Consequently, the general rule is that the...

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

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales...

Practice Note