The following Family Q&A Produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:
The first question raises the issue of whether a Mesher order may be applied to circumstances where the former matrimonial home is registered in the sole name of only one of the spouses.
The question is posed in the context of the Mesher order being made under a consent order. Such an order can be made by way of a consent order and Critchell v Critchell is an example of this. The order arises from the case of Mesher v Mesher. Where the marital home is owned in joint names, a precedent clause is at clause 58 of the precedent: Standard order 2.1—financial remedy order—omnibus.
While a Mesher order is similar to a deferred charge, it requires the postponement of the exercise of a trust for sale of a property followed by division of the proceeds of that sale when the youngest child of the family reaches, commonly, 18 years of age. On the other hand, the deferred charge is where one party has the property transferred to them and the other party has a charge in their favour which is only realisable upon certain 'trigger' ev
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.