Form P definition

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Pension trustee steps to implement pension sharing order

Pension trustee steps to implement pension sharing order This Checklist describes chronologically the action steps involved in the implementation of a pension sharing order from the perspective of the trustees of an occupational pension scheme. It does not address pension attachment orders, which are rare, see Practice Note: Pension attachment orders. More specifically, this Checklist sets out the steps on an application for a pension sharing order made in Form A, as opposed an application made in Form D50F for financial relief after an overseas divorce (which is less common), although the steps are similar on such an application. For information relating to the implementation issues which trustees may face in the context of a pension sharing order, see Practice Note: Pensions on divorce—issues for pension trustees. Action step Comment Source Trustees receive a copy of the Form A (Notice of intention to proceed with a financial application to which the standard procedure applies) containing an application for a pension sharing order. Technically, this step must be...

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Preparation of Form E

Preparation of Form E This Practice Note provides guidance on the completion of a financial statement in Form E, including the information and documents required in support and the provisions of the Family Procedure Rules 2010 (FPR 2010) including as to filing and service. It also addresses the three versions of financial statement (Forms E, E1 and E2) and the types of proceedings for which they should be used, the approach to be taken to drafting Form E, income and capital needs and requirements as to pensions. See also Practice Note: The duty of disclosure in financial proceedings. What is Form E? When an application for a financial remedy has been made, FPR 2010, SI 2010/2955, 9.14(1) requires the parties to simultaneously exchange with each other and file at court a statement of their financial circumstances in either Form E, Form E1 or Form E2. The financial statement is a standard-form document used to set out each party's relevant financial and other circumstances. It is a comprehensive...

The first appointment

The first appointment This Practice Note sets out the procedure for the first appointment on a financial application under the standard procedure. It covers issues commonly raised at a first appointment including estimates of costs in Form H, the filing of replies to questionnaires, joining third parties, permission to adduce expert evidence, filing statements and listing the financial dispute resolution (FDR) appointment. Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, together with the supporting FPR 2010, PD 9A, apply to financial remedy proceedings, but regard should also be had to the guidance issued in relation to the Financial Remedies Court, including the Primary Principles document issued in January 2022 and the efficiency statements for High Court judge level and below High Court judge level, together with guidance issued by the President of the Family Division on, inter alia, witness statements and expert evidence. See Practice Notes: The Financial Remedies Court, Financial remedy proceedings allocated below High Court judge level and Financial remedy proceedings allocated to a High...

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Supplemental legal mortgage for real property: single company mortgagor—bilateral—specific monies

Supplemental legal mortgage for real property: single company mortgagor—bilateral—specific monies This Deed is made on [date] Parties 1 [insert name of Chargor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Chargor); and 2 [insert name of Lender] of [insert address] (the Lender). Recitals: (A) This Deed is supplemental to the Debenture (as defined below) pursuant to which the Chargor mortgaged and charged, among other things, all its then existing freehold and leasehold properties in favour of the Lender for the purpose of providing security to the Lender in respect of the Secured Obligations (as defined below). (B) The Chargor is entering into this Deed pursuant to clause [insert relevant clause number] (Further assurance) of the Debenture to grant a legal mortgage over the Mortgaged Property (as defined below) for the purpose of providing additional security to the Lender in respect of the Secured Obligations (as defined below). IT IS AGREED as follows: 1...

Letter of instruction to a single joint expert for valuation and advice on pension rights

Letter of instruction to a single joint expert for valuation and advice on pension rights 1 Introduction This letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to [divorce OR dissolution] proceedings between [client’s full name], born on [insert date of birth] and [spouse/civil partner’s full name], born on [insert date of birth]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse/civil partner’s solicitors], [telephone number and email of spouse/civil partner’s solicitors] on behalf of [spouse/civil partner’s full name], but on the basis that you will provide an expert opinion independent of each of them. [At the first appointment on [date of first appointment], District Judge [name] sitting in the Family Court at [location] made the following order [insert exact wording from order].] The parties have agreed that you should be instructed on a joint basis as the single joint expert. Your scope...

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Where a private mortgage is secured on residential property in a family matter to secure that the owner of the property pay the mortgagee the £20,000 at the point that the youngest child reaching 18, what form of restriction should be used in box 8 of HM Land Registry Form CH1?

Where a private mortgage is secured on residential property in a family matter to secure that the owner of the property pay the mortgagee the £20,000 at the point that the youngest child reaching 18, what form of restriction should be used in box 8 of HM Land Registry Form CH1? It is commonly the case that, when parties are dealing with financial remedy proceedings as part of a divorce, there is insufficient capital to provide a home for the children while still ensuring that there is a fair division of the assets. In such circumstances, the non-resident parent will often find their share of the capital deferred and realisable only on the happening of a specified trigger. This will usually be the death or re-marriage of the resident parent, sometimes their cohabitation for a specific period of time, further order of the court, or the youngest surviving child of the family reaching a specified age or event (18, or completing secondary education, or tertiary education—normally up...