Financial provision

View Family by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

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

Family Procedure Rules 2010 Practice Direction Update No 7 of 2024

Family Procedure Rules 2010 Practice Direction Update No 7 of 2024
Online Procedure Rule Committee minutes—2024 in review

Online Procedure Rule Committee minutes—2024 in review

The following Dispute Resolution news provides comprehensive and up to date legal information on Online Procedure Rule Committee minutes—2024 in review

Family weekly highlights—19 December 2024

Family weekly highlights—19 December 2024

The following Family news provides comprehensive and up to date legal information on Family weekly highlights—19 December 2024

Law Commission scoping paper on financial remedies on divorce and dissolution

Law Commission scoping paper on financial remedies on divorce and dissolution

The following Family news provides comprehensive and up to date legal information on Law Commission scoping paper on financial remedies on divorce and dissolution

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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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....
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
2nd Mar

Popular documents

Child support—children with special needs

Child support—children with special needsThe court retains jurisdiction to make orders for maintenance where a personal independence payment is paid to or in respect of a child, or where a child is disabled. A child is regarded as disabled if the child is 'blind, deaf or dumb or is substantially and

Which financial statement should I use: Form E, Form E1 or Form E2?

Which financial statement should I use: Form E, Form E1 or Form E2?The court form prescribed financial statement is used to set out each party's relevant financial and other circumstances when a financial application has been made. Both parties are required to simultaneously exchange with each

Pension sharing orders

Pension sharing ordersThis Practice Note explains what a pension sharing order is within family proceedings and sets out which pension rights can be shared and which cannot be shared. It also sets out the key features of a pension sharing order including pension credits and pension debits, variation

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThis Practice Note provides guidance on the basis and use of Duxbury calculations in relation to the calculation of capitalised spousal or civil partner maintenance/periodical payments, within financial remedy proceedings, including the assumptions made,