David Salter

This Practice Note provides practical guidance on international and reciprocal arrangements in financial proceedings in countries outside the EU, including countries that are signatories to the Hague Convention 2007, Commonwealth countries and the United States of America. It also addresses the position post-Brexit as to enforcement in EU Member States after 31 December 2020 where transitional arrangements provided for by the Jurisdiction and Judgment (Family) (Amendment etc) (EU Exit) Regulations 2019, SI 2019/519, reg 8(2) (as amended) do not apply.

This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for each method of enforcement under both the Family Procedure Rules 2010 (FPR 2010) and the Civil Procedure Rules 1998 (CPR 1998). It also provides guidance on orders that may be made where a party is in contempt, such as a Hadkinson order, and when interest may be payable in relation to a financial order.

This Practice Note provides guidance on the enforcement of an undertaking either for the payment of money, or to do or abstain from doing any act other than the payment of money. It also considers the requirements in contempt proceedings as to the breach of an undertaking.

This Practice Note sets out the pre-IP completion day and transitional position in relation to proceedings in England and Wales and EU enforcement, including the definition of maintenance for the purposes of international enforcement in an EU Member State together with the applicable procedure (inward and outward), details of the role of Central Authorities and the relevant statutory provisions, having regard to the implications of Brexit. It also includes practical guidance on the Maintenance Enforcement Business Centre.

This Practice Note explains when the court can make an order for the sale of property in proceedings under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004 and practical considerations when seeking a sale. It also sets out the limited routes by which an interim order for sale may be sought and the steps to be taken where one party fails to execute a conveyance together with the procedure to be followed.

This Practice Note details the provisions in relation to an application for a freezing order to restrain dealings with assets which are the subject of a financial claim in family proceedings including requirements, procedure and relevant case law.

This Practice Note explains the implications of a costs order being made against a legally aided party. It covers limitations on such a costs order, when a legally aided party’s costs protection will come to an end, and the limited range of legal aid to which costs protection applies. It also details when a costs order may be made against the Lord Chancellor.

This Practice Note provides guidance on the implementation and enforcement of financial orders made in family proceedings where one of the parties has died. It considers the effect of the death of a party on applications and secured and unsecured periodical payments, lump sum orders, property adjustment orders and pensions orders.

This Practice Note sets out the basis of the courts’ jurisdiction in family proceedings, including the limited circumstances in which proceedings may be dealt with under the inherent jurisdiction of the court rather than under statute. The inherent jurisdiction largely relates to children proceedings and proceedings in the High Court. The implications of Brexit, including transitional provisions, are also considered.

This Practice Note sets out the remedies available under Part 20 of the Family Procedure Rules 2010 (FPR 2010), including interim injunctions, interim declarations, search orders and freezing orders.

This Practice Note details initial considerations in relation to international enforcement in family proceedings including the location of the debtor, reciprocal enforcement arrangements with EU and non-EU countries, and the significance of the type of order sought to be enforced, having regard to the impact of Brexit.

This Practice Note provides an introduction to the main UK tax provisions that impact on relationship breakdown and financial provision within family proceedings, including income tax, capital gains tax, inheritance tax and stamp duty land tax.