Where an overpayment of periodical payments has been made, two routes for recoupment are provided for by the Matrimonial Causes Act 1973 (MCA 1973). First, MCA 1973, s 38 provides for orders for repayment to be made after cessation of an order by way of remarriage. Secondly, MCA 1973, s 33 provides for orders for repayment of maintenance orders to be made where there has been a change of circumstances of either party. It is presumed that the former does not apply to the circumstances under consideration. On the brief facts outlined in the question, it is difficult to determine whether they might amount to a ‘change of circumstances’. MCA 1973, s 33 is not regularly encountered

Interest does not accrue on a lump sum made in the financial remedy order until that lump sum has become payable under its own terms and subject to the order having taken effect upon the final divorce order (ie, on whichever is the later date). Lump sum orders for not less than £5,000 automatically carry interest at 8% until satisfied, unless the court otherwise orders (Judgments Act 1838, Judgment Debts (Rate of Interest) Order 1993, SI 1993/564, s 17 and County Courts (Interest on Judgment Debts)

This Q&A assumes that the stock transfer form complies with sections 554 and 768–790 of the Companies Act 2006 (CA 2006), and the Stock Transfer Act 1963. The transfer of the legal title to shares in a company will take effect on the date of the entry of the transferee in the register of members of the company. A duly executed, dated and unconditional contract for the transfer of shares (which may include a

On an application for financial remedies, the court has the power to divide up the assets of parties to a marriage. This can include pension assets. This is now ordinarily done by way of a pension sharing order (under section 24B of the Matrimonial Causes Act 1973 (MCA 1973)), which has the effect of separating out a defined proportion of the existing pension and creating a new pension fund for the benefit of the receiving party. The court also has the power to make pension attachment orders, where the pension remains the property of one party, but the provider of the pension is required to pay a proportion of the income from the pension to the other party when the pension is

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling-house, for example because they are the legal and beneficial owner as in the scenario of this question, the other spouse (or civil partner) has home rights. The non-owning spouse can protect those home rights by registering a charge with the Land Registry. Such a registration often does not indicate that the non-owning spouse actually intends to occupy the property, but rather is important protection for the non-owning spouse against third parties such as potential purchasers. There are certain restrictions

Paragraph 6 of the SRA Code of Conduct for Firms 2019 deals with conflicts of interest, in conjunction with SRA guidance dated 29 October 2019. Client conflict may exist where a solicitor’s separate duties to act in the best interests of two or more clients conflict (known as ‘conflict of interest’ in the SRA 2019 regulatory

Divorce petition and dispensing with service In some cases, the simplest and often the most cost-effective method will be for the petitioner to apply for a divorce under section 1(2)(e) of the Matrimonial Causes Act 1973 and for an order dispensing with service of the petition. For details of how to apply to dispense with service, see Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction (pre-DDSA 2020). Note that full enquiries must be made in an effort to trace the respondent. The court will not lightly make an order dispensing with service. Failure to make full enquiries of the respondent's whereabouts may result in the court treating it as a defect in service

Following remarriage, there is an almost absolute bar found in section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) on the court’s jurisdiction to entertain a fresh financial remedy application on divorce etc. This extends to financial provision orders and property adjustment orders, but not to pension sharing orders. The bar does not extend to capital applications made prior to remarriage, but proceeded with thereafter. For this purpose, an application is considered made

Section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) contains an almost absolute bar on the court’s jurisdiction to entertain an application for financial relief after remarriage. It applies to financial provision orders and to property adjustment orders, but (for reasons which have always remained unclear) not to pension sharing orders, in relation to which an application may therefore be issued post-remarriage. Further, applications for children are not affected

This Q&A assumes that the date of execution of the Minute of Variation will fall after the commencement date of the extended lease (ie the term commencement date is retrospective). Although not accepted by all members of the legal profession in Scotland, Revenue Scotland are firmly of the view that a variation of the type described would bring the former

Section 92 of the Renting Homes (Wales) Act 2016 (RH(W)A 2016) will apply to a periodic standard occupation contract which arises where a standard fixed term occupation contract granted for more than seven years expires and the contract-holder remains in occupation. RH(W)A 2016, s 184(2) provides that where a contract-holder

Restrictions may be removed from the register by: • being withdrawn voluntarily by the appropriate people interested in the restriction in form RX4 (section 47 of the Land Registration Act 2002 (LRA 2002) and the Land Registration Rules 2003 (LRR 2003), SI 2003/1417, r 98) • an application by anyone to cancel a restriction that is no longer required in form RX3 (LRR 2003, SI 2003/1417, r 97) • being cancelled by HM Land Registry (HMLR) if it is clear that