Financial provision

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Applications under Schedule 1 to the Children Act 1989 Bankruptcy and family financial remedy proceedings Consent orders Factors considered by the court Family provision claims Financial provision after overseas divorce Lump sum orders Maintenance pending suit and legal services orders Marital/civil partnership agreements Pensions and insurance Periodical payments for children Practice and procedure Preservation of assets Property adjustment orders Special considerations Spousal/civil partner periodical payments Trusts Variation of financial remedy orders

Latest Family News

Designation of local authority in care proceedings based on ordinary residence (Calderdale MBC v Cheshire EBC and others)

Designation of local authority in care proceedings based on ordinary residence (Calderdale MBC v Cheshire EBC and others)

The following Local Government news provides comprehensive and up to date legal information on Designation of local authority in care proceedings based on ordinary residence (Calderdale MBC v Cheshire EBC and others)

Imputing Parliament’s intention as to void or voidable divorce orders (Lord Chancellor v 79 Divorced Couples)

Imputing Parliament’s intention as to void or voidable divorce orders (Lord Chancellor v 79 Divorced Couples)

The following Family news provides comprehensive and up to date legal information on Imputing Parliament’s intention as to void or voidable divorce orders (Lord Chancellor v 79 Divorced Couples)

Family weekly highlights—16 January 2025

Family weekly highlights—16 January 2025

The following Family news provides comprehensive and up to date legal information on Family weekly highlights—16 January 2025

Duty of full and frank disclosure in arbitration continues until order reflecting award (ON v ON)

Duty of full and frank disclosure in arbitration continues until order reflecting award (ON v ON)

The following Family news provides comprehensive and up to date legal information on Duty of full and frank disclosure in arbitration continues until order reflecting award (ON v ON)

Featured Family content

The grounds on which a marriage is voidable

The grounds on which a marriage is voidable

The grounds on which a marriage is voidableOn 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into...

The grounds on which a marriage is void

The grounds on which a marriage is void

The grounds on which a marriage is voidA void marriage is one that will be treated by the court as never having taken place. The grounds on which a...

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the jurisdiction to another EU country for a relative's funeral. The mother is now refusing to return the child. What steps may be taken by the local authority to return the child to this jurisdiction?

A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the jurisdiction to another EU country for a relative's funeral. The mother is now refusing to return the child. What steps may be taken by the local authority to return the child to this jurisdiction?

A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the...

Practice notes

Notices and restrictions

Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...
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2nd Mar
Q&As

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful behaviour such as stalking, harassment or breach of privacy?

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk
2nd Mar
Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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2nd Mar
Practice notes

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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1st Mar
Practice notes

Online divorce (pre-DDSA 2020)

Online divorce (pre-DDSA 2020)The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the...
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2nd Mar
Precedents

Notice of acting

Notice of actingCase number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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2nd Mar
Practice notes

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd
1st Mar
Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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2nd Mar
Practice notes

The definition of civil partnership

The definition of civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two...
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2nd Mar
Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
2nd Mar
Practice notes

The Courts and Tribunals Service Centre and divorce centres

The Courts and Tribunals Service Centre and divorce centresThe Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022....
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1st Mar
tag iconCOVID-19
Precedents

Separation agreements—client guide

Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide...
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1st Mar
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an...
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2nd Mar
tag iconCOVID-19
Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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2nd Mar
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
2nd Mar
Q&As

Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does such an order or undertaking appear on advanced DBS checks and will it be listed as an offence if a non-molestation order is breached?

Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
2nd Mar

Popular documents

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Preparation of court bundles in family proceedings

Preparation of court bundles in family proceedingsThe Family Procedure Rules 2010 (FPR 2010) set out the universal practice for hearings in the Family Court and the Family Division of the High Court in FPR 2010, PD 27A. The Practice Direction applies to all hearings before a judge sitting in the

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial arrangements between the parties), or an agreement was made but one party seeks to resile from it, the party relying on an agreement reached between the

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25In the FAMILY COURT SITTING AT [court location]No. [number]Between[applicant name]Applicantand[respondent name]RespondentI, [AB], of [address], state as follows:Introduction1I am the Applicant in