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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

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...

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

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

If a disappointed beneficiary brings a claim against solicitors who failed to conclude the Will of a deceased in a timely fashion (under which Will the disappointed beneficiary stood to benefit), will the court, in determining the quantum of that claim if successful, take into account the fact that, if the Will had been concluded, one or more other persons may have brought Inheritance Act claims against the estate, thus, reducing the disappointed beneficiary’s entitlement (and the quantum of their negligence claim)? Or will the disappointed beneficiary, if their negligence claim succeeds, receive the amount they stood to receive under the will regardless?

In White v Jones, the House of Lords allowed disappointed beneficiaries under a Will to recover damages in compensation for the lost legacy under a...

15th Feb

Q&As

A former spouse received maintenance from the deceased under a financial order that included a clean break provision in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). Could they make a claim under I(PFD)A 1975 against the deceased’s estate as someone being maintained by the deceased immediately before their death rather than as a former spouse?

The categories of applicantSection 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) specifies the categories of...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb

Q&As

A Pre-action Inheritance Act claim is being settled by means of a deed of variation, but the beneficiaries of the estate have also agreed to pay the claimant's legal costs, which are to be subject to detailed assessment if not agreed. Should we record the agreement about costs in the deed of variation or in another way?

It is often the case that, where a dispute arises over the terms of a Will, or a claim is intimated for reasonable financial provision out of the...

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

Q&As

Upon the death of a protected person with no personal representatives must the deputy apply to the Court of Protection for a further order to enable him to administer the estate of the deceased protected person?

A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...

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

Q&As

Who owns the matter file?

Matter files typically contain a range of papers, including electronic information which can be held electronically and/or printed in a physical...

15th Feb

Q&As

On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?

Chapter 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 governs service in respect of family proceedings, including divorce, subject to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

Can an application for a financial order be made after decree absolute? What is the impact of remarriage?

Can an application for a financial order be made after decree absolute?There is no prohibition on an application for a financial order being made...

13th Feb

Q&As

The decree absolute in divorce proceedings was pronounced over 20 years ago. The parties did not deal with finances at that time and the party who now wishes to make an application for financial orders has since remarried. Neither party retained a copy of the divorce petition. How can it be ascertained whether a prayer for ancillary relief was included in the petition? If that information is not available, what would be the approach of the court?

Section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) provides that after the grant of a decree dissolving or annulling a marriage, if either...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

In proceedings under the Family Law Act 1996 (FLA 1996), findings were made that could affect a party's capacity to continue their professional career. Does that party have a duty to self-report the findings? Is evidence given in FLA 1996 proceedings confidential and if the other party disclosed a copy of the order with the findings to the relevant professional body, what would be the consequences for the disclosing party?

By virtue of Part IV of the Family Law Act 1996 (FLA 1996), the court has the power to make a non-molestation order and/or an occupation order. The...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

In public children proceedings, can either the court or the children's guardian dictate the local authority's care plan?

The court can only accept or reject the local authority’s care plan and make a suitable order, or none, although before reaching that point it can...

13th Feb

Q&As

Is the term parental alienation defined in case law and what are the key cases regarding parental alienation? Is there any case law regarding the independence of the Children and Family Court Advisory and Support Service officers when preparing reports under section 7 of the Children Act 1989 looking at allegations of parental alienation?

Where a family relationship involving children breaks down, there are some cases in which extreme, negative behaviour may be displayed by one parent...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead.

The Precedent: Standard order 2.1—financial remedy order—omnibus derives from the suite of Precedent orders issued by the Financial Remedies Working...

13th Feb

Q&As

In circumstances where the Cafcass officer in private law children proceedings was unable to remain at the final hearing to give evidence due to personal circumstances, and Cafcass subsequently failed to send an officer to the adjourned hearing, can the parties make a claim for costs incurred against Cafcass and if so what is the procedure? Would this be a stand alone application, or made within the Children Act 1989 application, with Cafcass being joined as a party on the question of costs?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides that the court may make any order in respect of costs that it thinks just at any...

Produced in partnership with Christi Scarborough of 42 Bedford Row 13th Feb

Q&As

If someone is subject to Multi Agency Risk Assessment Conference, can they remove the violent partner from the deeds to a property and the mortgage without their permission?

A Multi Agency Risk Assessment Conference (MARAC) is a meeting convened with the aim of protecting an adult victim of domestic abuse. Typical...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Can the costs or court fees of the detailed assessment process be included in the bill of costs?

The relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and the related Practice Direction, FPR...

13th Feb

Q&As

Is there any guidance or case law on a scenario where a party is using a third party's bank account as their own, to the effect that the bank account should be disclosed as part of financial remedy proceedings? For example, where a party is paying money into a new partner’s bank account but refuses to disclose the bank account in their Form E.

It is a fundamental principle that full and frank disclosure of the financial position of husband and wife in financial remedy proceedings is made, in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb

Q&As

Can a mother of a disabled child seek periodical payments under Schedule 1 to the Children Act 1989 to cover the cost of the mortgage repayments on the family home?

Pursuant to Schedule 1 to the Children Act 1989 (ChA 1989), the court has the power to make several orders on the application of a parent, guardian or...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Can an application be made for exemption from attendance at a mediation information and assessment meeting (MIAM) where the applicant is no longer in employment and seeks to urgently vary a periodical payments order?

The requirements as to attendance at a mediation information and assessment meeting (MIAM) are set out in the following Practice Note:•Non-court...

13th Feb

Q&As

In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions raised to clarify the report? If so, how are those costs apportioned between the parties, eg are they shared equally if the costs of the expert report are to be paid equally or does the party raising the questions pay?

The rules relating to the instruction of experts in financial remedy proceedings are to be found in the Family Procedure Rules 2010 (FPR 2010), SI...

Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb

Q&As

Can the court make findings against parents within care proceedings if the local authority are not seeking any? Can the court direct that there be a fact-finding hearing if no other party deems it necessary or appropriate?

The philosophical underpinning of the Children Act 1989 (ChA 1989) is that the child’s welfare is the paramount consideration. The ultimate arbiter of...

Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers 13th Feb

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Spring Budget 2021—Private Client analysis

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

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

Family monthly highlights—February 2021

Featured Family content

Notice of acting

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent Q&As content

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Skeleton arguments

Promissory estoppel

The tort of deceit

Sources of Shari'ah

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