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A financial order is a type of 'financial remedy' within proceedings for divorce, dissolution, judicial separation or nullity.
The Family Procedure Rules 2010, SI 2010/2955 made changes to the terminology used in relation to proceedings for financial provision. The term 'ancillary relief' is not referred to in the rules and is no longer used. It has been replaced by 'financial orders'. Types of financial order include: periodical payments, lump sum orders, property adjustment orders and pension sharing orders.
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Applications for a financial remedy—application to first appointment (standard procedure)—flowchart This flowchart sets out the steps to be taken on an application for a financial remedy under the standard procedure to the first appointment. It includes guidance on who may apply, pre-action requirements, service of the application and directions that may be made by the court. It also details the documentation that must be filed and exchanged by the parties prior to the first appointment including statement of issues, chronology, questionnaires and estimate of costs, with regard also to the efficiency statement and templates issued in relation to proceedings allocated below High Court judge level. To access detailed practical guidance on the steps in the flowchart including relevant overviews, Practice Notes, precedents, procedural guides, client guides, legislation, forms and further reading links, see Financial provision—practice and procedure—overview or click on the related documents on the right hand side of the
Procedural guide—application for a freezing order—family proceedings Where there are concerns that a party intends to dispose of assets in a way that will defeat a claim for financial provision, or has already done so, immediate action may have to be taken to secure the assets. Freezing orders (historically known as Mareva injunctions) are an interim remedy and may be made under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20 or under the inherent jurisdiction. An application to restrain future dealings is most commonly made under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5 Part 14, para 74(2) of the Civil Partnership Act 2004 (CPA 2004). The purpose is to prevent a party removing assets located in England and Wales, or dealing with assets wherever they are located. The applicant has to show that there is a good arguable case against the respondent and a real risk that a judgment will go unsatisfied because of the disposal by the respondent, or that refusal...
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The ‘standard procedure’ means the procedure set out in FPR 2010, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). The ‘fast-track procedure’ means the procedure set out in FPR 2010, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A). The ‘fast-track’ provisions cover a range of applications, including where the application relates, inter alia, to an application for a periodical payments order only under the Matrimonial Causes Act 1973 (MCA 1973), Civil Partnership Act 2004 (CPA 2004) or Schedule 1 to the Children Act 1989 (ChA 1989)—before 4 June 2018, all applications for variation of a financial remedy order came under the fast-track procedure, but after this date only an application for variation of a periodical payments order (without capitalisation) is dealt with under the fast-track. This Practice Note sets out the steps to be taken under the standard procedure on the issue of an application in Form A (Notice of [intention to proceed with] a financial application to which the standard procedure applies). For practical guidance on the fast-track procedure on the...
This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for each method of enforcement. It also provides guidance on orders that may be made where a party is in contempt, such as a Hadkinson order, and when interest may be payable in relation to a financial order.General principlesIt may be necessary to enforce part or all of an order made within financial proceedings and regard should be had to requirements for leave and limitation periods, see Practice Note: Limitations on enforcement.Where an order of the court consists in part of a recital containing an agreement imposing an obligation on a party and in part an order, the recital may be enforced provided the court would have had jurisdiction to make an order in like terms (H v H (Financial Provision)). In contrast, where the substance of the obligation imposed by the recital is not one that could have been ordered by the court, there is no mechanism...
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Letter of instruction to a single joint expert in financial remedy proceedings 1 Introduction This is a letter of instruction to you to act as a single joint expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The scope of your instructions is set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss the report, either on a preliminary basis...
Service Level Agreement (hardware/software fault resolution support services) Service Level Agreement 1 Definitions 1.1 In this Schedule: 24x7x365 • means 24 hours per day, 7 days per week, 365 days per year (or 366 days if a leap year); Business Day • means any day which is not a Saturday, Sunday or a public or bank holiday in England; [Critical Service Level Failure • means a failure by the Supplier to achieve a P1 Resolution in accordance with the P1 Resolution Service Level (subject to paragraph 4) on [[three] occasions in any [three] Month period OR define as appropriate];] End of Support • means that: (a) the version of any software in the Supported System; or (b) any model of hardware in the Supported System, has reached its end of support date (as specified by the Supplier or the relevant third party manufacturer) applicable to all users in the market of that software version or hardware model and is therefore no longer supported by the Supplier (or the relevant...
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Can an application be made within proceedings under Schedule 1 to the Children Act 1989 for an order to be made by consent? If so, what should be sent to the court, and is there an equivalent to the Form D81 statement of information for use in Schedule 1 proceedings? Applications under Schedule 1 to the Children Act 1989 (ChA 1989) are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 2.3 defines ‘financial remedy’ as including an application under ChA 1989, Sch 1. FPR 2010, SI 2010/2955, 9.26 sets out the procedure on an application for a consent order in relation to a ‘financial remedy’. It does not explicitly exclude an application under ChA 1989, Sch 1, but nor does it make specific reference to it. In summary, the procedure specified by FPR 2010, SI 2010/2955, 9.26 is: • the applicant must file two copies of a draft of the order in the terms sought, one of which must...
In financial remedy proceedings where it is believed that the parties’ adult children may hold financial documentation, belonging to one parent but held on behalf of the other parent, how can the parent to whom the documentation belongs compel the children to disclose the information to them and the court? At the request of the party who seeks the disclosure, the court may issue a witness summons requiring a witness to attend court to give evidence or to produce documents to the court (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 24.2(1)). Permission is not required for a witness summons unless the summons is issued fewer than seven days before the final hearing, or the witness is to attend court on a date other than the date set for the final hearing, or the summons is issued for a witness to attend court at a hearing which is not the final hearing. See Practice Note: Witness evidence in family proceedings, in particular the section: Witness summons. The...
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This week's edition of Family weekly highlights includes details of a speech by Mr Justice Nicklin on open justice and details of the Migration Advisory Committee's new family visa financial requirement review. Analysis of recent judgments on disclosure of journalistic sources, non-matrimonial assets and expert witnesses in care proceedings are included.
This week's edition of Family weekly highlights includes details of the speech delivered by the President of the Family Division, Sir Andrew McFarlane, at the 2025 Resolution national conference on changes and future priorities in family justice. Details of the Family Justice Council's recently published guidance on the use of covert recordings in family law proceedings involving children and the Ministry of Justice's recently published statutory guidance on Independent Sexual Violence Advisers are considered. Analysis of recent judgments on the shortfall in experts’ fees and costs in maintenance pending suit applications are included. The new edition of At a Glance 2025–2026 is also now available in Lexis+® UK containing industry-standard facts and figures for financial remedy negotiations.
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