The following Family precedent provides comprehensive and up to date legal information covering:
This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances.
Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent.
A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through mediation. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM), if invited to do so. For details of the requirement to attend a MIAM see: Non-court dispute resolution—client guide.
When either party makes an application to the court, the court automatically generates standard directions to progress your case and the timetable for the case is confirmed. For details of the procedure see: Financial applications to the court—client guide.
The court follows the legal principles from legislation and case law in making its decision, although each
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This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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