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Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

The following Family news provides comprehensive and up to date legal information on Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Family news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Family content

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...

Third party debt order

Third party debt orderA third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a...

Pension attachment orders

Pension attachment ordersThe power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of...

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

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...

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...

19th May

Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

19th May

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...

19th May

COVID-19

In-house

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...

19th May

Practice notes

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

19th May

Practice notes

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

19th May

Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...

19th May

COVID-19

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...

19th May

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...

19th May

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May

Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

19th May

Practice notes

Divorce centres [Archived]

Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...

19th May

Practice notes

Drafting the terms of a financial consent order

Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...

19th May

Most recent International enforcement content

Q&As

When submitting an application under Article 39 of Brussels II bis (Council Regulation (EC) 2201/2003) for a certificate concerning a judgment in a matrimonial matter in Form D180, what supporting documentation is required?

When submitting an application under Article 39 of Brussels II bis (Council Regulation (EC) 2201/2003) for a certificate concerning a judgment in a...

1st Aug

Q&As

In proceedings in England and Wales, financial settlement terms have been agreed between the parties, including provision for a property in Scotland to be transferred from joint names to one party, subject to the mortgage, and for the property to be sold if the party who is to retain the property cannot release the other party from the mortgage. Are there any special considerations in relation to the consent order and will the Scottish courts enforce an order in relation to the transfer/sale of the property if required?

In proceedings in England and Wales, financial settlement terms have been agreed between the parties, including provision for a property in Scotland...

Produced in partnership with Marisa Allman of The 36 Group 1st Aug

Q&As

How may an order made in matrimonial proceedings in Hong Kong for the transfer of a property located in the UK be enforced in England and Wales, including in relation to execution of a deed of transfer?

How may an order made in matrimonial proceedings in Hong Kong for the transfer of a property located in the UK be enforced in England and Wales,...

Produced in partnership with Paul Infield of The 36 Group 1st Aug

Q&As

Can a court in England and Wales make an attachment of earnings order in relation to a party who is employed in Singapore? What is the process to enforce an order made in this jurisdiction via Reciprocal Enforcement of Maintenance Order or the Lord Chancellor where a defaulting party resides and works in Singapore?

Can a court in England and Wales make an attachment of earnings order in relation to a party who is employed in Singapore? What is the process to...

31st Jul

Q&As

Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient for REMO to take steps as to enforcement? If a court order is required, in which court should proceedings be issued in where the divorce proceedings were in England and Wales and the father is resident in another (non-EU) jurisdiction?

Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Q&As

When is Form D180 used?

When is Form D180 used?Form D180 may be used in relation to the registration of orders under article 39 of Council Regulation (EC) 2201/2003 of 27...

31st Jul

Q&As

Can a Form D180 (Certificate referred to in Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters) application still be submitted as the UK has now left the EU? Does it still apply for the transition/implementation period?

Can a Form D180 (Certificate referred to in Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning judgments in matrimonial...

31st Jul

Brexit

Practice notes

Enforcement with EU Member States

Enforcement with EU Member StatesThis Practice Note sets out the pre-IP completion day and transitional position in relation to proceedings in England...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Practice notes

Enforcement in non-EU countries and non-transitional EU cases

Enforcement in non-EU countries and non-transitional EU cases11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Q&As

What is the procedure for a European Enforcement Order where matrimonial property is being transferred from one party to another?

What is the procedure for a European Enforcement Order where matrimonial property is being transferred from one party to another?An application for a...

31st Jul

Q&As

Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without further orders having to be made by the Irish courts?

Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Where a child arrangements order was made in England and Wales and the child now lives in the Republic of Ireland, how may the order be enforced as to contact?

Where a child arrangements order was made in England and Wales and the child now lives in the Republic of Ireland, how may the order be enforced as to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Restraining a party from leaving the jurisdiction

Restraining a party from leaving the jurisdictionWhere a party wishes to enforce an order, and the respondent intends to leave the jurisdiction of the...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Q&As

Is the Philippines a reciprocating country for the purpose of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972, as it is a country that was party to the UN Convention on the Recovery Abroad of Maintenance of 20 June 1956?

Is the Philippines a reciprocating country for the purpose of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972, as it is a country...

31st Jul

Practice notes

Introduction to international enforcement

Introduction to international enforcementThe international enforcement of financial orders is not a common feature of everyday practice. As a result,...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul

Q&As

Is it possible to enforce a periodical payments order where the payer is resident in another jurisdiction?

Is it possible to enforce a periodical payments order where the payer is resident in another jurisdiction?The location of the debtor and their assets...

31st Jul

Q&As

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Q&As

Section 37 of the Family Law Act 1986 makes provision regarding UK passports. Can the Family Court make an order for the surrender of a foreign, ie non-UK, passport?

Section 37 of the Family Law Act 1986 makes provision regarding UK passports. Can the Family Court make an order for the surrender of a foreign, ie...

31st Jul

Practice notes

The 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

The 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family MaintenanceThe Hague Convention of 23 November...

31st Jul

International enforcement

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Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Family content

Working with counsel

Third party debt order

Pension attachment orders

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

Most recent International enforcement content

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Breach of statutory duty

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PRA Rulebook—introduction for the insurance and reinsurance sector

Mediation—advantages and disadvantages

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