Subject to any concerns about individual safety or diplomatic complications, the proposed applicant may wish to make enquiries of the authorities in the country where the marriage ceremony was conducted and/or its UK embassy or High Commission to see if it is possible to obtain an official copy of the marriage certificate. In accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, specifically FPR 2010, PD 7A, para 3.2, if an applicant cannot produce a marriage certificate, similar document or a certified copy (and where necessary an authenticated translation), at the time of filing the application and the application is urgent, they can make a without notice

Legal professional privilege is an important form of privilege. As a matter of public policy, all communications between a legal advisor and their client are privileged from the date of production so long as they are confidential, written by or to the legal advisor in their professional capacity, and for the purpose of giving or getting legal advice. The interest which it protects is to ensure that communications between a solicitor and client may be frank and free and should not emerge into the public domain if litigation is subsequently pursued. A party may, however, waive that privilege. Classically, and uncontroversially, this would be so in instances where the party refers in detail to, and seeks to rely upon, part of a document setting out legal

It is a relatively common occurrence that, where the court is asked to divide matrimonial assets within financial remedy proceedings upon divorce, some of those assets relate to third parties. This is particularly the case where companies are involved. Where the parties, or one of them, is the sole controller of that company, the court will often require disclosure of management accounts as well as the publicly-available balance sheet and profit and loss accounts. However, where that party is a director and shareholder of a company alongside other unrelated parties, and particularly where the party does not have control

Assuming that the order to file Form E endorsed with a penal notice has been personally served, unless the court has directed otherwise (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 37.4(2)(c)), the next procedural step will be to apply for an order for the respondent’s committal. The detailed procedure in FPR 2010, SI 2010/2955, Pt 37 together with FPR 2010, PD 37A (in particular FPR 2010, SI 2010/2955, 37.3, 37.4, 37.8 and 37.9) must be followed. The application is made adopting the FPR 2010, SI 2010/2955, Pt 18 procedure and using Form FC600. On the hearing of a committal application arising from the failure to file a Form

Where information required within financial remedy proceedings has previously been subject to a direction or order and has not been provided, it is common for the court to be asked to attach a penal notice to the order or direction, breach of which may result in committal to prison. Some courts will require that a formal notice of application is lodged and a hearing fixed to decide whether a penal notice is appropriate. Other courts will grant a penal notice without notice and without the need for a formal hearing. It is therefore necessary to check the practice of the appropriate court, see Practice Note: Standard directions on an application in Form A, in particular section: Failure to comply with standard directions. The evidence required in support

The court in financial remedy proceedings will ordinarily seek to assess whether a spouse who is the beneficiary of a trust has by way of that beneficial interest a financial resource (see, generally, Charman v Charman and Browne v Browne). Such interests can be considered by the court as part of the circumstances of the case and may be treated as an asset in the balancing exercise to achieve a fair result. This will particularly be the case where the interest under the trust is a defined interest which is easily accessible now or in the reasonable future. There may be arguments, subject to needs, that trust assets should be treated as being non-matrimonial,

The role of experts in civil proceedings is generally governed by Pt 35 of the Civil Procedure Rules 1998 (CPR). Expert evidence is restricted to that which is reasonably required to resolve the proceedings (CPR 35.1), and the overriding duty of the expert is to help the court on matters within their expertise (CPR 35.3). Expert evidence cannot be relied upon without the permission of the court (CPR 35.4) or where it is otherwise required by the CPR. That rule also contains provision regarding fixed cost medical reports where the same applies. Further, by CPR 35.4(4), the court may limit the amount of a party’s expert’s

Maintenance of easements In the absence of an agreement in the easement to contribute to maintenance (as the easement is potentially prescriptive/implied only) there is no obligation to pay towards its upkeep. Likewise, the dominant tenement owner is not obliged to carry out repairs though a servient tenement can do so if the accessway falls into disrepair. Even if the accessway falls into disrepair through the normal use by the servient tenement

We have assumed that this Q&A is referring to a judgment creditor considering making an attachment of earnings application against the judgment creditor in a civil or commercial matter. Attachment of earnings orders An attachment of earnings order allows a judgment creditor to enforce a judgment by having sums deducted automatically from the debtor’s earnings (including pension payments and statutory sick pay). The employer is ordered to make payments out of the wages into court and the court then releases them to the judgment creditor. Therefore, this requires the co-operation of the debtor’s employer. See Practice Note: How to apply for an attachment of earnings order. The County Court has exclusive jurisdiction over attachment of earnings orders in civil cases and since 6 April

Following changes made to the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) in 2002, in relation to all claims for a lease extension under LRHUDA 1993, s 42 after July 26 2002, the tenant is required to have been a qualifying tenant of the flat for at least two years. The two-year period is measured back from the date on which the notice is given. If a lease is held in trust for two years it could be argued that a mere change in the composition

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.26B provides that the court may direct that a person or body be added as a party to proceedings for a financial remedy if: • it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings, or • there is an issue involving the third party and an existing party that is connected

This Q&A raises two particular issues, namely: • jurisdiction in respect of applications for non-molestation orders made by persons outside the UK, and • whether a non-molestation order can be made to prevent harassment which is occurring via email or social media It is assumed that the behaviour complained of is of sufficient degree to amount to harassment. A person’s eligibility to make an application for a non-molestation order is not based on the place of residence of the applicant, but rather on their relationship with the person against whom the order is sought. Section 42 of the Family Law Act 1996 (FLA 1996) provides that the court may make a non-molestation order on the application of a