What does Maintenance mean? Maintenance describes financial support paid by one person to a current or former spouse or civil partner, or for the benefit of a child, during separation, divorce/dissolution and afterwards. It is a descriptive term used across family law, with statutory regimes and case law guiding its assessment and enforcement. England & Wales and Northern Ireland: spousal/civil partner maintenance is commonly termed periodical payments, including interim “maintenance pending suit”; child maintenance/child support is primarily via the Child Maintenance Service (with court jurisdiction in limited cases, including Schedule 1 Children Act 1989 and for a “child of the family”). Scotland: support during a...
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An accumulation and Maintenance (A&M) Settlement was a specific form of non‑Interest in possession (IIP) Trust created to make provision for children and young adults until they reached 25. From 1975 to 2006, A&M settlements benefited from favourable inheritance tax (IHT) treatment. That preferential position ended as part of the wide‑ranging reforms to the taxation of trusts introduced by the Finance Act 2006 (FA 2006) (see Practice Note: Finance Act 2006 changes to trust taxation [Archived]). At the same time, transitional provisions were put in place for A&M settlements made before 22 March 2006, permitting a degree of restructuring before 6 April 2008. This Practice Note considers the taxation of A&M trusts, both historically and under the post‑22 March 2006 rules. Although new A&M settlements cannot now be created, practitioners still need to understand the rules because they will continue to deal with trusts set up before 2006. Typically, an A&M trust had several beneficiaries of different ages. The beneficiaries’ shares may receive different treatment depending on the date on which each became entitled to an IIP...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...