Deputy High Court judge and Recorder

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.

This Practice Note sets out the requirements and procedure in relation to the use of a judgment summons as a method of enforcing an order made in family proceedings, including human rights considerations. Where a debtor has the means to pay the debt and refuses or neglects to do so, the court may consider making a committal order.

This Practice Note sets out the basis of the courts' jurisdiction for proceedings for divorce and judicial separation, both on or after 1 January 2021 and prior to that date, having regard to the implications of the UK’s withdrawal from the EU. It also provides guidance on cases where there are competing jurisdictions.

This Practice Note sets out the application and scope of Brussels I and Brussels II bis in relation to jurisdiction in family proceedings within the EU and the determination of which Member State has jurisdiction. It also provides guidance on the EU Maintenance Regulation and its interaction with other provisions. For guidance on proceedings in non-EU countries, including proceedings and requests instituted in the UK post IP completion day (11pm on 31 December 2020), see Practice Note: Jurisdiction in overseas cases including cases with UK-EU connections issued after IP completion day. The implications of Brexit, including transitional provisions, are also considered.

This Practice Note provides guidance on issues relating to jurisdiction in overseas cases, including cases with UK-EU connections issued after 11pm on 31 December 2020 (IP completion day), and sets out the circumstances in which the courts in England and Wales will have jurisdiction in family proceedings, specifically under the Domicile and Matrimonial Proceedings Act 1973.

This Practice Note details limitations on enforcement to be taken into account when seeking to enforce an order made in family proceedings, including time limits, interest, specific requirements as to periodical payments orders (including where arrears are more than twelve months old) and the transfer of proceedings.

This Practice Note sets out when information from government departments may be obtained to ascertain the address of a debtor/respondent where their whereabouts is unknown. It details the procedure for making an application, the relevant provisions of the Family Procedure Rules 2010 (FPR 2010), in particular FPR 2010, PD 6A and FPR 2010, Pt 18, and lists the information required by government departments.

This Practice Note details the requirements for an application for an order to obtain information from a judgment debtor, formerly known as an 'oral examination', including the criteria for such an order, procedure, hearing provisions and action that can be taken if the debtor fails to comply. Such an order is an aid to enforcement rather than an enforcement method.