Central Family Court meaning

Original news Banwaitt v Dewji and another [2015] EWHC 3441 (Ch) What issues did this case raise? This decision will interest practitioners advising judgment creditors with a charging order against a debtor’s share in jointly owned property, and anyone dealing with security over beneficial interests in land more generally. The central issue was whether a married couple, as co-owners, could have a charging order removed from the title by the wife buying the husband’s stake. The claimant had secured a substantial judgment which the debtor failed to satisfy. A charging order was then obtained over the debtor’s beneficial interest in the family home. Thereafter, the debtor and his wife transferred the property into her sole name for a modest sum. She argued the order no longer bound the title—maintaining it had been ‘overreached’ under sections 2 and 27 of the Law of Property Act 1925. The debtor tendered that sum to the claimant. However, the debtor had not obtained the claimant’s agreement in advance to the disposition and, in...

Standish v Standish [2024] EWCA Civ 567, [2024] All ER (D) 104 (May) What are the practical implications of this case? This ruling clarifies two key dimensions of how the sharing principle is applied, a central touchstone since the House of Lords’ authorities in White v White [2000] 2 FLR 981 and Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 1 FLR 1186. In essence, the sharing principle provides that wealth built up during the marriage through the parties’ joint endeavour—whatever their respective roles—should be divided on an equal basis... Conversely, non-matrimonial property (including pre-marital assets and inheritances) falls outside the sharing exercise, though it remains available to satisfy needs where necessary. The courts have also recognised that fairness may, in some cases, warrant bringing some or all of that non-matrimonial property within the sharing principle (often referred to as matrimonialisation). In addition, where assets are hybrids—comprising both matrimonial and non-matrimonial elements—they should be apportioned unequally so that proper credit is given for the non-matrimonial...

In this issue: Practice and procedure Relationship breakdown Financial provision Public children Court of Protection LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Changes to HMCTS Cloud Video Platform and the Video Hearings Service In July 2024, HM Court and Tribunals Service (HMCTS) announced plans to upgrade the systems behind the Cloud Video Platform (CVP) and the Video Hearings Service (VHS) (see: LNB News 12/07/2024 10). The update requires organisations to check, and possibly change, their firewall settings. Accordingly, organisations should review—and, where needed—adjust their firewall configurations. The revisions affect any area of practice that may involve attending a court hearing, and HMCTS has stated that these network changes must be in place by 28 September 2024. There is no requirement to delete existing IP addresses from current configurations (also known as the whitelist). Before joining a VHS hearing,...

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) The I(PFD)A 1975 enables the court to alter the dispositions arising under a Will or the rules of intestacy where, at death, the deceased was domiciled in England or Wales. It empowers the court to award, or increase, financial provision for specified categories of claimant identified in the Act. In deciding whether a claimant has received reasonable financial provision, the court must consider the factors set out in section 3 of the I(PFD)A 1975... Did the Will or intestacy provide the claimant with reasonable financial provision? If not, what reasonable financial provision should now be made for that claimant? When addressing these two central questions, section 3(1) requires the court to take into account all the matters listed in that subsection, commonly referred to as the ‘section 3 criteria’. The I(PFD)A 1975 does not rank these criteria; none is inherently more important than another. The weight to be attached to each...

Vulnerable persons—participation and evidence in family proceedings The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A, read alongside FPR 2010, PD 3AA, set out how vulnerable persons take part in family proceedings and how such individuals give evidence in those proceedings. The framework permits the court to issue ‘participation directions’ governing the engagement of a vulnerable person, protected party or child in family proceedings, and also confers a discretion to appoint an intermediary where necessary by the court. FPR 2010, SI 2010/2955, 3A.1 defines an intermediary as a person whose function is to: relay to a witness or party the questions asked of them relay to any questioner the replies provided by the witness or party, and clarify questions or answers so far as is necessary so that they are understood by the witness or party, or by the person posing the questions In Re M (A Child: Intermediaries), the Court of Appeal described intermediaries as ‘communication specialists’...

Practice Note This Practice Note describes how to obtain the final order of divorce (formerly decree absolute) or a dissolution order in proceedings run on paper or through the His Majesty’s Courts and Tribunals Service (HMCTS) online system for applications on or after 6 April 2022, following commencement of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). It sets out how to accelerate the final order and how to seek a final order where more than 12 months have elapsed since the conditional order. It addresses the respondent’s entitlement to apply, the consequences of a final divorce or dissolution order, applications to set aside, and circumstances in which the court may postpone making the final order. It also explains how to search the central index of decree absolutes. DDSA 2020 took effect on 6 April 2022. Proceedings issued on or after that date are governed by DDSA 2020 and the procedural changes in the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further guidance on the...

Central Family Court Decree Absolute Search Section First Avenue House 42–49 High Holborn London WC1V 6NP Dear [ Insert name ] We represent [ insert name ] [ , the [ petitioner/applicant OR respondent ] ]. [ [ He OR She ] has not had contact with [ his OR her ] [ wife OR husband ] for [ insert number ] years. ] We would be grateful if you could conduct a search of the central index to establish whether our client’s [ wife OR husband ] has, at any point, issued divorce proceedings and secured a decree absolute/final order. Please search between [ insert date ] and [ insert date ]. We enclose: [ our cheque in respect of the fee OR the application for a fee exemption or remission form ] Form D440 We look forward to your reply. Yours faithfully [ insert signature ] Enc Cheque Form D440...