Family weekly highlights—21 November 2024
The following Family news provides comprehensive and up to date legal information on Family weekly highlights—21 November 2024
Financial provision
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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
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Practice notes
Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...
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...
Produced in partnership with Tori Adams of 4 King’s Bench Walk
2nd Mar
Practice notes
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...
2nd Mar
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
1st Mar
Practice notes
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...
2nd Mar
Precedents
Notice of actingCase number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
2nd Mar
Practice notes
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...
Produced in partnership with Ursula Rice of Family First Solicitors Ltd
1st Mar
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
2nd Mar
Practice notes
The definition of civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two...
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?The first step is to ensure that the penal notice is...
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
2nd Mar
Practice notes
The Courts and Tribunals Service Centre and divorce centresThe Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022....
1st Mar
COVID-19
Precedents
Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide...
1st Mar
Practice notes
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...
2nd Mar
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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...
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...
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
2nd Mar
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