It is more common for the court to be concerned with the affordability of school fees in relation to a child or children of the parties, and there does not appear to be case law dealing specifically with payments in relation to a wider family member, however it is likely that the same approach as to affordability would apply. In T v T (Financial Provision: Private Education) the court commented that ‘private education is a luxury and must be balanced against the welfare and needs of all of the family’.

When parties divorce, the court has the power to make any of the orders contained in the Matrimonial Causes Act 1973 (MCA 1973), being property adjustment, lump sum, periodical payment (including secured periodical payments) and pension orders (MCA 1973, ss 23, 24, 24A and 24B). The court will make such an order on the application of a party in Form A, and the order will take effect on the pronouncement of decree absolute. The court can make an interim order for periodical payments (maintenance pending suit and interim maintenance). A periodical payment order can be expressed to be for a fixed period of time, for joint lives, or ending on certain trigger events. The re-marriage

Where the court is considering whether, and in what manner, to exercise its powers under sections 23, 24, 24A, 24B or 24E of the Matrimonial Causes Act 1973 (MCA 1973), ie as to financial provision orders (periodical payments and lump sum orders), property adjustment orders, orders for the sale of property, pension sharing orders and pension sharing compensation orders, it must take account of the legislative provisions of MCA 1973, s 25 often known as the section 25 factors, or the section 25 checklist. See Practice Note: Factors considered by the court on financial provision. MCA 1973, s 25(2)(a) provides that the court must have regard to: ‘…the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity

While the Official Solicitor does not charge for acting as a litigation friend, they do not provide legal services to the protected party. Prior to giving consent to act therefore the Official Solicitor will need to ensure that satisfactory security for legal costs to be incurred on behalf of the protected party is provided by or on behalf of the protected party: see paragraph 17 of the Guidance: The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in Relation to Adults, which provides as follows: ‘The Official Solicitor’s criteria for consenting to act as litigation friend 17.

A consent financial remedy order will usually fall into two parts: the preamble and the operative part. The preamble may contain a number of different sections including recitals, declarations and undertakings. It is submitted that a declaration of the type mentioned would be treated as a recital and potentially, therefore, be enforceable. The issue of whether a recital can be enforced as if it had been an order of the court was considered by Williams J in BSA v NVT (see

At the request of the party who seeks the disclosure, the court may issue a witness summons requiring a witness to attend court to give evidence or to produce documents to the court (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 24.2(1)). Permission is not required for a witness summons unless the summons is issued fewer than seven days before the final hearing, or the witness is to attend court on a date other than the date set for the final hearing, or the summons is issued for a witness to attend court at a hearing which is not the final hearing. See Practice Note: Witness evidence in family proceedings, in particular the section: Witness summons. The court may, if an application is made, set aside or vary

It would be highly unusual for a court to make an order providing that the respondent pays the school fees of the relevant child at a first directions appointment, absent the consent of that parent. If the paying parent consents, the agreement could be recorded in a recital, be given as an undertaking, or be ordered. The appropriate method of enforcement will depend how the school fees provision was made and on the circumstances of the case. Careful consideration

Financial remedy proceedings are held in private, per Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, r 27.10, although duly accredited reporters may attend. The general public have no right to attend a hearing held in private. In addition, by FPR 2010, SI 2010/2955, r 29.12(1), no document or copy of a document filed or lodged in the court office (which would include an interim order made in the proceedings) shall be open to inspection by any person without the permission of the court, and no copy of any such document or copy shall be taken by, or issued to, any person without such permission. It is therefore not open without permission

The Family Procedure Rules 2010 (FPR 2010), SI 2010/12955 do not, in terms, make provision for the disclosure into financial remedy proceedings of documents relating to other family proceedings between the parties such as applications under the Children Act 1989 (ChA 1989) and the Family Law Act 1996 (FLA 1996). FPR 2010, SI 2010/2955, 12.73 provides that information relating to proceedings held in private, which ChA 1989 and FLA 1996 proceedings are, may be communicated to specific persons or where the court gives permission for the purposes of the law of contempt of court. In particular, this permits certain information to be disclosed to certain categories

In financial remedy proceedings an open offer can be made by opening up a previous without prejudice offer, subject to certain conditions. The exchanging of without prejudice offers is referred to as the without prejudice privilege rule (and is a rule governing the admissibility of evidence), whereby statements or admissions made in the course of a genuine attempt to compromise are shielded from the view of the court. The rule is founded on the public policy of encouraging litigants to settle their differences rather than litigate to the finish as well as an express or implied agreement of the parties

It is increasingly common that audio or video evidence is relied upon in family proceedings, though this is often the case in disputes involving children. In Re B (A child), the court noted that it was important for there to be guidance on the use of such recordings, with a distinction being drawn between overt and covert recordings. The Family Justice Council in 2023 issued draft guidance on covert recordings in private children's proceedings. Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 22 governs evidence. FPR 2010, SI 2010/2955, 22.1 provides that

In financial proceedings on divorce, the starting point is the factors set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973). In addition, under MCA 1973, s 25(1), the court must have regard to ‘all the circumstances of the case’. This means that the court must look at all of the relevant issues in every case, which includes issues that are not specifically addressed in the MCA 1973, s 25(2) checklist. MCA 1973, s 25(1) also provides that the court must give first consideration to the welfare of a child of the family who has not attained the age of 18. In practical terms, that often means meeting the housing and income needs of any child/children of the family. See Practice Note: Factors considered by the court on financial provision. The section 25 factors include: