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Gathering evidence in a family provision claim—checklist

Gathering evidence in a family provision claim—checklist This Checklist sets out the evidence which it may be necessary to obtain in a family provision case depending on the facts of the particular case. Claimant or defendant: • death certificate of the deceased • grant of probate or letters of administration of the deceased • current Will and codicils and Will file (if applicable) • former Will(s) • documentary evidence of deceased's reasons for the making the provision set out in the Will, eg letter(s) of wishes or instructions to make the Will • list of the deceased's assets and liabilities • marriage or civil partnership certificate • papers regarding divorce or separation • child maintenance orders • evidence of

Pension sharing orders—order to implementation—flowchart

Pension sharing orders—order to implementation—flowchart This flowchart sets out the steps to be taken from the making of a pension sharing order where the court makes a final order/decree of divorce, dissolution or nullity to implementation of the pension sharing order. It considers key stages and requirements including the valuation date and transfer day, together with the requirements as to the implementation period. To access

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What rate of SDLT applies to my transaction?—Flowchart

What rate of SDLT applies to my transaction?—Flowchart This Flowchart assists with establishing which rate of stamp duty land tax (SDLT) applies to a transaction. There are various rates of SDLT that can apply to acquisitions of different types of property (residential, non-residential (commercial property) or mixed use property). This Flowchart should be read in conjunction with Practice Note: Rates of SDLT. This Flowchart assumes that: • the purchaser is acquiring one property and that the acquisition is not linked to any other transaction. For more on linked transactions see Practice Note: SDLT chargeable consideration—Linked transactions • no relief from SDLT applies to the transaction. For more on reliefs from SDLT, see Practice Note: SDLT—general reliefs and exemptions, and • to the extent that the property being acquired is residential: ◦ the acquisition is of a major interest in a dwelling that is not subject to a long lease and the consideration is £40,000 or more. For the meaning of major interest see Practice Note: Higher rates of...

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The ground for divorce (pre-DDSA 2020)

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see...

Commencing divorce proceedings and drafting the petition (pre-DDSA 2020)

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes:Introduction to the Divorce, Dissolution and Separation Act 2020, in particular the section: HMCTS guidance and deadlines , Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020) and Online divorce (post-DDSA 2020).Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications are not impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This Practice Note covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010,...

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Letter to central index of decree absolutes (pre-DDSA 2020)

Letter to central index of decree absolutes (pre-DDSA 2020) Central Family Court Decree Absolute Search Section First Avenue House 42–49 High Holborn London WC1V 6NP Dear [Insert name] We act for [insert name][, the [petitioner OR respondent] ]. [ [He OR She] has not seen [his OR her] [wife OR husband] for [insert number] years.] We should be obliged if you would carry out a search of the central index to see whether our client’s [wife OR husband] has, at

Parental responsibility—client guide

Parental responsibility—client guide This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice based on your circumstances. What is parental responsibility? Parental responsibility is defined in law by the Children Act 1989 as: ‘…all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ People with parental responsibility are entitled to have a say in major decisions about the child, such as: • where the child should live • where they should go to school • what (if any) religion the child should have • what name they should have • the giving or withholding of medical treatment, and • dealing with their money or property Parental responsibility does not entitle someone to interfere with day-to-day decisions such as what the child wears, their hobbies or choice of TV programmes etc. Generally parental responsibility lasts until the child reaches 18 but it may come to...

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Where spouses separated 15 years ago and subsequently the matrimonial home was transferred into the sole name of the spouse who was the primary carer of the children, with the other spouse retaining a charge registered against the property for 50% of the equity at the time of transfer, would the court still consider the former matrimonial home to be matrimonial property after the date of transfer or would it be a non-matrimonial asset so that any increase in its value would be treated as a post-separation accrual? The parties are now divorced but do not have a financial order.

Where spouses separated 15 years ago and subsequently the matrimonial home was transferred into the sole name of the spouse who was the primary carer of the children, with the other spouse retaining a charge registered against the property for 50% of the equity at the time of transfer, would the court still consider the former matrimonial home to be matrimonial property after the date of transfer or would it be a non-matrimonial asset so that any increase in its value would be treated as a post-separation accrual? The parties are now divorced but do not have a financial order. A matrimonial home (and its contents) will usually be treated as matrimonial property whether it is owned by one spouse or in joint names. The rationale for this is that the matrimonial home has a unique place within the parties’ relationship (Miller v Miller; McFarlane v McFarlane). It has been held that a matrimonial home is matrimonial property whatever its source (S v S (Non-Matrimonial Property: Conduct)), but this may...

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)?

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)? In relation to evidence, first consideration should be given to the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 27.10, provides that proceedings to which FPR 2010 apply will be held in private except where FPR 2010 or any other enactment provides otherwise or, subject to any enactment, where the court directs otherwise. A hearing held in private means proceedings at which the general public have no right to be present (FPR 2010, SI 2010/2955, 27.10(2)). FPR 2010, PD 12G covers the communication of information relating to children proceedings and sets out at FPR 2010, PD 12G, para 2.1 the categories of people to whom information may be communicated and for what purpose. Communication outside of these provisions amounts to a contempt of court. FPR 2010, SI 2010/2955, 12.73 also provides that, for the purposes of the law relating to contempt of...

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Pensions weekly highlights—19 December 2024

This week's edition of Pensions weekly highlights includes a review of key news stories, as well as dates for your diary and trackers.

Private Client weekly highlights—19 December 2024

This week’s edition of Private Client highlights includes: (1) HMRC updates form IHT100f; (2) Knight v Barnsley, which held that the Court of Protection did have jurisdiction to determine a dispute over a claimant’s deputy’s release from reverse indemnity undertakings; (3) Manolete Partners Plc v White, in which the Court of Appeal held that occupation pension benefits are generally inalienable; (4) Hannah v Revenue and Customs Commissioners, where the First Tier Tribunal (Tax) permitted the amendment of grounds of appeal to include ground that the transfer of assets abroad regime is incompatible with EU law; (5) Hirachand v Hirachand, a decision of the Supreme Court which makes it clear that success fees cannot be included in awards for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975; and (6) the Chancellor has confirmed that the Spring Forecast will take place on 26 March 2025.