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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

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

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

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...

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

Notice of acting

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

Practice notes

Pension attachment orders

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

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

The grounds on which a marriage is voidable

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...

19th May

Practice notes

Statements of truth in family proceedings

Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...

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

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...

Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May

Practice notes

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...

Produced in partnership with David Gallagher of Fieldfisher 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

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)?

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...

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

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

Mesher and Martin orders

Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...

19th May

Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...

19th May

Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...

19th May

Precedents

Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...

19th May

Most recent Funding content

Q&As

What is the procedure to be removed from the court record where a client refuses to provide a notice of change or acting?

What is the procedure to be removed from the court record where a client refuses to provide a notice of change or acting?Where a solicitor has placed...

31st Jul

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

31st Jul

Practice notes

Private funding—family proceedings

Private funding—family proceedingsA matter will be privately funded where:•the client has agreed to pay their costs from their own resources,...

31st Jul

Q&As

If one party wishes to get divorced but their spouse lacks capacity (and has been detained for attacking them), there is no one willing to act as a litigation friend and the Official Solicitor will not act because their costs will not be paid, what steps can the party seeking a divorce take?

If one party wishes to get divorced but their spouse lacks capacity (and has been detained for attacking them), there is no one willing to act as a...

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

Practice notes

Public funding in care proceedings

Public funding in care proceedingsPublic funding in care proceedings is provided for parties by the Legal Aid Agency (LAA) who are an executive agency...

Produced in partnership with Claire Cousin of Dodds Solicitors LLP 31st Jul

Practice notes

Eligibility for family legal aid

Eligibility for family legal aidThe availability of legal aid (formerly public funding) in relation to family proceedings was significantly reduced...

31st Jul

Practice notes

Funding—legal services orders and costs allowances

Funding—legal services orders and costs allowancesSections 49–54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012)...

31st Jul

Precedents

Witness statement by solicitor in support of application for order that firm ceases to act

Witness statement by solicitor in support of application for order that firm ceases to act[Case number]In the Family CourtSitting at [place][In the...

30th Jul

Precedents

Sears Tooth Agreement (Deed of Assignment to Secure Legal Costs)

Sears Tooth Agreement (Deed of Assignment to Secure Legal Costs)This Deed is made the [insert date and month] 20[insert year]Parties1[Insert client's...

30th Jul

Funding

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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

Making a complaint to the Pensions Ombudsman—what is involved?

Third party debt order

Interim orders in public children proceedings

Notice of acting

Most recent Funding content

Popular documents

Form of transfer of shares

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

Sentencing fraud offences committed by individuals

Proprietary estoppel

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