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Financial provision after overseas divorce

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Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

The following Family news provides comprehensive and up to date legal information on Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

The following Family news provides comprehensive and up to date legal information on Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

The following Dispute Resolution news provides comprehensive and up to date legal information on Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit: policy paper for cross-border framework—an EU perspective

Brexit: policy paper for cross-border framework—an EU perspective

The following Arbitration news provides comprehensive and up to date legal information on Brexit: policy paper for cross-border framework—an EU perspective

Featured Family content

Notice of acting

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

The no order principle

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Sequestration (confiscation of assets) within contempt proceedings

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes

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

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
tag iconCOVID-19
Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
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Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes

General principles—lump sum orders

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...
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9th Nov
Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Financial provision after overseas divorce content

Practice notes

Financial relief after overseas divorce—jurisdiction and legislative provisions

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes

Financial relief after overseas divorce—procedure

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes

Financial relief after overseas divorce—court’s approach and case law

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes

Preparation of court bundles in family proceedings

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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17th Jan
tag iconCOVID-19
Q&As

If a husband has commenced divorce proceedings in Australia and the wife wishes to apply to the English court for financial provision in relation to property in the husband’s name in the UK can she issue proceedings immediately or only when the divorce proceedings in Australia have been concluded?

Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) was enacted to ensure insofar as was possible that where a spouse had a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As

If divorce proceedings are issued in another jurisdiction, can a financial application still be issued in England and Wales?

Where more than one country may have jurisdiction to hear divorce proceedings, care should be taken to determine which may be the most advantageous...
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24th Dec

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