The following Family practice note provides comprehensive and up to date legal information covering:
Although there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so that the financial obligations of parties towards each other can be terminated. On exercising its powers, the court must consider how the financial obligations of each party towards the other will be terminated as soon after the final decree of divorce as the court considers just and reasonable. Section 25A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 (CPA 2004) equivalent provision) is silent as to the circumstances in which it may be appropriate to make a clean break order save that it provides that, in a case where the court decides to make a periodical payments or secured periodical payments order, the court shall consider whether the term is sufficient to enable the party in whose favour the order is made to adjust without 'undue hardship', see also: Factors to consider in relation to spousal maintenance and a clean break.
The power of the court to make a clean break order does not apply in cases of judicial separation.
In cases where an immediate clean break is not achievable or is unfair, the claimant's needs
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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