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Spring Budget 2021—Private Client analysis

The following Private Client news provides comprehensive and up to date legal information on Spring Budget 2021—Private Client analysis

Coronavirus (COVID-19)—Foreign Process Section’s availability update

The following Dispute Resolution news provides comprehensive and up to date legal information on Coronavirus (COVID-19)—Foreign Process Section’s availability update

Assessment of financial claims following divorce in Russia (AG v VD)

The following Family news provides comprehensive and up to date legal information on Assessment of financial claims following divorce in Russia (AG v VD)

Family monthly highlights—February 2021

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

Featured Family content

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

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

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

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...

Practice notes

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

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...

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...

9th Nov

COVID-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...

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...

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...

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...

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

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....

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...

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...

9th Nov

COVID-19

In-house

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...

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...

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...

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...

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...

9th Nov

Most recent Q&As content

Q&As

A financial consent order has been made that provides for the former matrimonial home to be transferred to one spouse on the basis that they obtain the release of the other spouse from the mortgage and for a lump sum to be paid to the transferring spouse. A short time after the order was made, the spouse to whom the property was to be transferred has indicated that they are unable to secure the mortgage release and that they wish the property to be sold. If an order for sale is made, can an additional lump sum be made in favour of the transferring spouse to cover their additional costs and any capital gains tax liability?

Pursuant to section 31 of the Matrimonial Causes Act 1973 (MCA 1973), the court has the power to vary its own orders made within financial remedy...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Mar

Q&As

Where a property is registered in the parties’ joint names, the cohabiting relationship breaks down and one party moves out of the property, what options are available to the remaining owner to remove their former cohabitant from the title of the property where the former cohabitant made no financial contribution whatsoever to the property? What can the remaining owner do if their former cohabitant refuses to reply to any communications?

Unlike a marriage, where the court has broad redistributive powers on the making of a decree of divorce, judicial separation or nullity pursuant to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Mar

Q&As

The parties to a marriage separated over 20 years ago and decree nisi was pronounced on the petition. They subsequently reconciled, but now wish to divorce and are unsure whether the previous proceedings were dismissed. Do the original proceedings have to be dismissed or can a fresh petition be issued?

The procedure for divorce and other matrimonial causes is covered by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7.If the original...

5th Mar

Q&As

A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998?

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) affords the court wide powers to deal with trusts of land, including to make a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Mar

Q&As

Can an application be made under the Trusts of Land and Appointment of Trustees Act 1996 for a declaration in relation to property or land situated outside the jurisdiction of England and Wales?

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court, on the application of any person who is a...

5th Mar

Q&As

Is the defendant (being the sole beneficiary of the estate) in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 obliged to disclose joint assets which they held with the deceased (such as bank accounts which passed to them on the deceased's death) to the claimant, who is the daughter of the deceased?

In deciding whether to disclose the joint assets, consider the following:•section 3 of the Inheritance (Provision for Family and Dependants) Act 1975...

4th Mar

Q&As

Where a joint owner wishes to make an application under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and an application has already been made by the other joint owner under Schedule 1 to the Children Act 1989, should TOLATA 1996 application be made under CPR 7 rather than CPR 8?

It is fairly common that where unmarried parents separate, the court will be faced with cross-applications under the Trusts of Land and Appointment of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 3rd Mar

Q&As

What is the authority for the Family Court to make a final non-molestation order without findings having been made regarding allegations of abuse and with no admissions from the respondent?

Non-molestation orders are governed by section 42 of the Family Law Act 1996 (FLA 1996). A non-molestation order is an order containing a provision...

3rd Mar

Q&As

Do you have a Precedent clause for inclusion in a TR1 (transfer of registered land) where one of the sellers is a court deputy acting pursuant to a court order under section 36 of Trustee Act 1925 for the co-owner who lacks capacity?

The following can be adapted for your purposes in relation to the individual lacking capacity, see Precedents:•Transfer—whole—registe...

3rd Mar

Q&As

A petitioner in divorce proceedings ticked the boxes in the petition indicating an intention to apply for financial orders. The petitioner has now remarried, are they able to make an application for financial orders?

The position regarding an application for financial orders subsequent to the remarriage of a party is provided for by section 28(3) of the Matrimonial...

2nd Mar

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?

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972) addresses the recovery of maintenance where the parties live in different...

2nd Mar

Q&As

Where the respondent in divorce wishes to delay the petitioner applying for decree absolute, what is the procedure to apply to delay and can the parties claim costs against one another? If the respondent is unsuccessful in their application to delay decree absolute, will the petitioner be awarded costs?

Sections 8–10A of the Matrimonial Causes Act 1973 (MCA 1973) set out the bespoke circumstances in which the decree nisi might not be made absolute....

25th Feb

Q&As

A husband and wife have separated, full and frank disclosure did not take place but the parties negotiated the terms of a separation agreement. One of the parties refuses to sign the agreement reached. If the other party commences divorce proceedings, can they make an application within financial remedy proceedings to show cause why an order should not be made in the terms of the unsigned separation agreement?

It has long been the position in financial remedy proceedings that 'formal agreements, properly and fairly arrived with competent legal advice, should...

Produced in partnership with David Salter 24th Feb

Q&As

Where a financial consent order is to include provision as to the payment of liabilities by a party, can this be dealt with in the main body of the order as opposed to by an undertaking?

The powers of the court to divide the assets belonging to parties to a marriage following the initiation of a petition for divorce, judicial...

24th Feb

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?

In England and Wales, the provisions as to an attachment of earnings order are set out in the Attachment of Earnings Act 1971 and the Family Procedure...

24th Feb

Q&As

Where the original marriage certificate has been damaged beyond repair but a scanned copy is available, can the divorce proceed without the original certificate?

When filing a divorce petition via a paper application the marriage certificate must be filed with the petition. If it is not possible to lodge the...

23rd Feb

Q&As

A party to financial remedy proceedings has failed to provide pension information in accordance with a direction of the court because the pension provider has refused to provide it. Can the other party to the proceedings seek a penal notice and if so, on what basis? How would such an application be opposed?

Where information required within financial remedy proceedings has previously been subject to a direction or order and has not been provided, it is...

23rd Feb

Q&As

In relation to a marriage registered in Pakistan, where the original marriage certificate has been damaged beyond repair but a scanned copy is available can the divorce proceed without the original certificate?

When filing a divorce petition via a paper application the marriage certificate must be filed with the petition. If it is not possible to lodge the...

22nd Feb

Q&As

If a husband and wife own a property as tenants in common 50:50, can one of the spouses leave a lifetime interest to someone else? Is the surviving spouse bound by the terms? If the surviving spouse is unhappy and cannot live with the new life tenant, what can they do about this? If after the death of the life tenant that share passes to other individuals (not the surviving spouse), what potential problems might there be and how could they be resolved?

In these circumstances each spouse has a 50% interest in the property, which is held as tenants in common meaning that each spouse’s interest in the...

15th Feb

Q&As

If a jurisdiction outside the UK allows for the formal adoption of an adult and the legal formalities for adoption in that jurisdiction have been followed to adopt that adult, would that adopted individual be considered a child when drafting a Will or would the beneficiaries need to be specifically named?

Various jurisdictions outside of the UK recognise the concept of adult adoption. There are a number of reasons why adult adoption might be thought to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb