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Q&As
A share option is an agreement which gives one party the right to purchase or subscribe for shares at a specified price at a specified point of time (or on the occurrence of a specified event). The share option agreement will be between the recipient of that right and the person who will be providing the relevant shares (which will either be the current holder of the shares (if the option is over existing shares) or the company that will be issuing the shares (if the option is over newly issued shares). There is a wide variety of share schemes, and their specific features will determine how they are treated for taxation purposes, see HMRC Guidance: Tax and Employee Share Schemes for further information. Under section 25(2)(a) of the Matrimonial Causes Act 1973 (or its Civil
Q&As
In order to commence financial remedy proceedings, one of the spouses needs to complete and file the application form in form A. Form A includes a number of boxes that the applicant ticks to indicate precisely the relief that they are seeking, for example a property adjustment order, pension sharing order, and/or order for periodical payments. Either spouse is entitled to file a form A, provided they have not remarried at the time of the application (sections 22–24G of the Matrimonial Causes Act 1973 (MCA 1973)). The fee for issuing the application is £255. See Practice Note: Issuing financial proceedings in Form A (standard procedure). Typically, just one party will file a form A, and then within the financial
Q&As
Financial remedy proceedings can be brought to a close either through a consent order reached between the parties at any stage of the proceedings and then approved by the judge, or by an order following a final hearing. In either circumstance, the powers of the court are circumscribed by the provisions of the Matrimonial Causes Act 1973 (MCA 1973). A court can make an order for periodical payments and secured periodical payments; lump sum; property adjustment and pension sharing or attachment orders. The court has no power to make orders outside those provisions save as is expressly provided for within the MCA 1973
Q&As
An order for costs can be appealed either as to the order itself (ie both liability and quantum) or simply as to quantum ie it is possible to appeal part of an order. The procedure is governed in financial remedy proceedings by of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 30 together with FPR 2010, PD 30A. It will be necessary to obtain permission to appeal (FPR 2010, SI 2010/2955, 30.3). Assuming
Q&As
In accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, r 28.1, the court may make, at any time, such order as to costs as it thinks just, but in financial remedy proceedings (as defined by FPR 2010, SI 2010/2955, 28.3(4)(b)) there are additional rules governing the exercise of the court’s discretion in determining costs, ie FPR 2010, SI 2010/2955, 28.3(5) and (6) provide that the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another party, but may make an order for costs at any stage of the proceedings where it considers it appropriate because of the conduct of a party (whether before or during the proceedings), having regard to the factors set out in FPR 2010, SI 2010/2955, 28.3(7). These factors are: • any failure by a party to comply with FPR 2010,
Q&As
The purpose of the questionnaire is outlined in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.14(5)(c), namely, to set out ‘by reference to the concise statement of issues any further information and documents requested from the other party’. The questionnaire is therefore designed to seek information and documents necessary for the resolution of the financial remedy proceedings. While FPR 2010, SI 2010/2955, Pt 9 and the accompanying FPR 2010, PD 9A do not make specific reference to cross-examination, questions that seek to test the evidence of the other party, rather than to elicit relevant information
Q&As
The question raises the not uncommon scenario within financial remedy proceedings of how to treat debts. A distinction is drawn between debts incurred for the benefit of the family and debts not so incurred (this may included debts incurred both during the marriage and post-separation). There is the perception that the former are treated more sympathetically than the latter, although both may be considered within the concept of financial needs pursuant to section 25(2)(b) of the Matrimonial Causes Act 1973 (MCA 1973). We have not been able to find specific authority for the issue outlined in the query, however, the
Q&As
The court has jurisdiction to make a lump sum order in financial remedy proceedings on divorce, dissolution, nullity or (judicial) separation against a party to pay money to the other spouse/civil partner (section 23(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or its Civil Partnership Act 2004 (CPA 2004) equivalent, CPA 2004, Sch 5 Pt 1, para 2(1)(c)), or to pay money to a child of the family or a specified person for the benefit of a child of the family (MCA 1973, s 23(1)(f)/CPA 2004, Sch 5 Pt 1, para 2(1)(f)). In considering whether to exercise its discretion to make such an order, the
Q&As
This Q&A refers to the estate of an individual who died resident and domiciled in England and Wales and that the grant of probate is to be issued in England and Wales. Where an oath is sworn in England and Wales, it must be sworn in the presence of a commissioner for oaths or an independent solicitor holding a practising certificate. See the Commissioners for Oaths Act 1889 (COA 1889). COA 1889, s 3 deals with the swearing of oaths outside England. In particular, any person
GLOSSARY
In the body of—eg clauses or words contained in the body of a document.
GLOSSARY
In haec verba means “in these words” and signals that text is being reproduced verbatim. In practice, lawyers use it to indicate that specific wording-such as the exact words of a publication, a contractual clause, statutory language, or the terms of an order-is set out precisely as written, not paraphrased. It is not defined by legislation; it is a descriptive Latinism used across civil and criminal procedure, drafting, and advocacy.Typical uses include: pleading the exact words complained of in defamation; quoting a contract or guarantee clause verbatim rather than summarising; reproducing statutory or regulatory wording in an agreement; and setting out the operative terms of undertakings or injunctions. Verbatim quotation can be important evidence, aids interpretation, and reduces ambiguity in construction disputes.Across England and Wales, Scotland, Northern Ireland and Ireland, the meaning and usage are consistent, although procedural rules on how precisely words must be pleaded vary by forum. Where precision matters, practitioners may choose to incorporate text in haec verba rather than by reference. Care is needed to quote accurately and identify the source and date of the text to avoid transcription errors and issues over variants or amendments.