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PRACTICE NOTES
This Practice Note sets out the jurisdiction of the court in relation to an application for a financial order and who may apply, including in relation to a child of the family. It sets out the orders that may be made by the court. It also covers the court’s jurisdiction in cases where there has been a foreign/overseas divorce/dissolution. Powers of the court Although the High Court retains exclusive jurisdiction over a limited number of cases, section 31E of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984) provides, inter alia, that in any proceedings in the Family Court the court may make any order that could be made by the High Court if the proceedings were in the High Court. Those powers have been highlighted by the courts, in particular by Mostyn J in CH v WH, when he said (at para [9]) ‘The basic mistake made by judges…is to assume that their powers are confined to the four corners of the Matrimonial Causes Act 1973 (MCA 1973). The Family Court has all the powers
PRACTICE NOTES
This Practice Note explains the differences between financial orders and financial remedies as provided for in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. It sets out the financial orders that may be made by the court within proceedings for divorce, nullity and (judicial) separation, and the civil partnership equivalents, including in relation to financial provision, property and pensions. For practical guidance on the court’s approach to an application for a financial order, see Practice Note: Factors considered by the court on financial provision. Prior to issuing a financial application regard should be had to the requirement for attendance at a mediation information and assessment meeting (MIAM) and the pre-application protocol annexed to FPR 2010, PD 9A, see Practice Notes: Non-court dispute resolution—mediation information and assessment meetings (MIAMs) and Financial proceedings—pre-application protocols—Pre-application protocol (FPR 2010, PD 9A, Annex). What are financial remedies and financial orders? The older phrase 'ancillary relief' is not referred to in FPR 2010, SI 2010/2955. The term 'financial orders' is used instead. 'Ancillary relief' is still used in
PRACTICE NOTES
This Practice Note sets out what should be considered prior to issuing financial proceedings in accordance with the pre-application requirements contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3, together with FPR 2010, PD 3A and FPR 2010, PD 9A, and the Financial remedies guide (March 2026) (the FRG). It includes guidance on the requirements for attendance at a mediation information and assessment meeting (MIAM). It also considers the provisions of the pre-application protocol, which is annexed to FPR 2010, PD 9A and outlines the steps the court will expect the parties to take in relation to non-court dispute resolution (NCDR) and disclosure prior to the commencement of any application for a financial remedy. Pre-issue mediation information and assessment (FPR 2010, SI 2010/2955, Pt 3 and FPR 2010, PD 3A) FPR 2010, SI 2010/2955, Pt 3, together with FPR 2010, PD 3A, provides for all potential applicants to attend a MIAM before making certain kinds of applications to obtain a court order in relevant family proceedings, save where an exemption applies. The court will also
GLOSSARY
The communication of an invitation or inducement to engage in investment activity made in the course of business.
GLOSSARY
Financial Services and Markets Act 2000 (Financial Promotion) Order is secondary legislation
GLOSSARY
Financial Services and Markets Act 2000 (Financial Promotion) Order is secondary legislation
PRECEDENTS
This document provides general guidance regarding an application for financial provision after overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984 (or an overseas dissolution under Sch 7 to the Civil Partnership Act 2004). Your family lawyer will be able to provide specific advice based on your circumstances. Basics Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984)[ or its Civil Partnership Act 2004 (CPA 2004) equivalent], [spouses OR civil partners] who have had their [marriage OR civil partnership] dissolved overseas and who have a connection with England and Wales may access financial remedies available in England and Wales if the court considers it appropriate for such orders to be made. Either party may apply where a [marriage OR civil partnership] has been dissolved or annulled, or a legal separation has been granted in proceedings abroad, unless that party has since remarried or formed a new civil partnership. The overseas divorce/dissolution, annulment or legal separation must be recognised as valid in England and Wales. Jurisdiction The
PRACTICE NOTES
This Practice Note deals with applications made under Schedule 1 to the Children Act 1989 (ChA 1989) in relation to a child over the age of 18. It considers key concepts and restrictions upon the court’s powers, future financial provision and provision for a child who has already reached the age of 18, including applications by the child themselves. It also considers the case law on the making of orders under ChA 1989, Sch 1 where a financial order has already been made within matrimonial or civil partnership proceedings. For information of general relevance to all applications for financial provision for a child over 18, see Practice Note: Financial provision for children over 18—general principles. For detailed information concerning applications made within matrimonial or civil partnership proceedings, see Practice Note: Financial provision for children over 18—spouses and civil partners. If the application relates to a child who is not yet 18, it is likely that they will be within the jurisdiction of the Child Maintenance Service (CMS). While
PRACTICE NOTES
This Practice Note surveys the issues impacting financial provision for children over the age of 18, both in the future and in respect of children who have already reached the age of 18. It deals with issues common to applications regardless of whether the child's parents have ever been parties to a marriage/civil partnership, including the requirement that the parents be separated before jurisdiction to order financial provision for an adult applicant arises, the interaction between maintenance orders and maintenance calculations made by the Child Maintenance Service (CMS), termination or interruption of education, the status of apprenticeships and the interaction between the court's powers and undergraduate student finance. See Forms and procedure for a table summarising the procedural and legislative frameworks for individuals seeking financial provision for a child over 18. The issue of financial provision for a child over the age of 18 whose parents have separated arises in three key situations: • an application is made in respect of a child who is currently under 18 but includes anticipated financial provision
PRACTICE NOTES
This Practice Note deals with applications made within matrimonial or civil partnership proceedings in relation to a child over the age of 18. It covers key concepts and restrictions on the court’s powers, and the different considerations relevant to applications for future financial provision, provision for a child who is already 18 and applications by adult children. It also summarises the position in relation to applications in case of failure to maintain, financial relief after an overseas divorce etc and applications under Schedule 1 to the Children Act 1989 (ChA 1989) after a financial order. For information of general relevance to all applications for financial provision for a child over 18, see Practice Note: Financial provision for children over 18—general principles. For detailed information concerning applications made under ChA 1989, Sch 1, see Practice Note: Financial provision for children over 18—Schedule 1 to the Children Act 1989. If the application relates to a child who is not yet 18, it is likely that they will be within the jurisdiction of the
PRACTICE NOTES
This glossary sets out commonly used terms relating to applications for a financial remedy in family proceedings. See also: • Pensions—glossary • Non-court dispute resolution glossary Brexit 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. See Practice Note: Family proceedings with EU connections—toolkit. Bundles A bundle is an electronic or paper collection of documents for a court hearing, limited to documents that are relevant and necessary for the judge to read, or that will actually be referred to at the hearing. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 set out the requirements in relation to court bundles in family proceedings. There are strict page limits as to the overall length of the bundle and the length of various types of individual document. FPR 2010, PD 27A contains a mixture