Clean break definition

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Financial clean break orders in family proceedings

Duty 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 that the financial obligations of parties towards each other can be terminated. On exercising its powers, the court must consider how the financial obligations of each party towards the other will be terminated as soon after the final order or decree as the court considers just and reasonable. Section 25A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 (CPA 2004) equivalent provision) is silent as to the circumstances in which it may be appropriate to make a clean break order save that it provides that, in a case where the court decides to make a periodical payments or secured periodical payments order, the court shall consider whether the term is sufficient to enable the party in whose favour the order...

Approaches to delivering learning and development—L&D

Approaches to delivering learning and development—L&D This Practice Note provides guidance on different approaches to delivering learning and development (L&D) and covers: • factors to consider when selecting learning methods • learning methods • learning styles Factors to consider when selecting learning methods There are a wide range of methods for learning, training and development that can be used to meet learning needs. The choice of learning method for each identified need will depend on several factors including: • the nature and priority of the learning need • the level of seniority and qualifications of the learner • the location of the learners if the firm has a remote or hybrid working arrangement • the subject matter • organisational culture • evaluation of the effectiveness of previous learning activities and events • costs and budgets available • learning styles • inclusivity and accessibility, eg neurodiversity and disability issues When designing a learning and development (L&D) programme it is essential to understand from the outset that one size will not...

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Spousal and civil partner maintenance—client guide

Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...

Steps to take after reaching a financial agreement—client guide

Steps to take after reaching a financial agreement—client guide This document provides general guidance regarding the steps to take after reaching a financial agreement in order to obtain a court order to reflect that agreement. Your family lawyer will be able to provide specific advice based on your circumstances. What are the next steps once a financial agreement has been reached? A draft consent order setting out the terms agreed between the parties should be drafted, approved, signed and submitted to the court. You may be asked by your solicitor to provide written, signed instructions that you have read and understood the consent order once drafted and give your authority to settle on the terms set out in it. A financial statement of information in Form D81, setting out your current financial position, should also be submitted to the court with the signed consent order. Both parties need to complete a Form D81. Once the court has received the signed consent order and Forms D81, it will consider the...

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Private Client weekly highlights—25 November 2021

This week’s edition of Private Client highlights includes: (1) A Local Authority v JB, in which the Supreme Court for the first time considers in detail what it means to have or lack capacity; (2) The DHSC publishes adult social care charging reform documents to Build Back Better plan; (3) A v M, which provides clear guidance on the treatment of private equity funds during financial remedy proceedings, including how to calculate the marital element to be shared; (4) HMRC publishes its Agent Update for November 2021; (5) JTC Employer Solutions Trustees v Khadem, which concerns the rescission of a member's entitlement to a pension lump sum on the grounds of mistake; (6) HMCTS announces a new publication and information service, and (7) The European Parliament Think Tank discusses UK’s possible re-joining of Lugano Convention.