Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

IP completion day definition

What does IP completion day mean? The point in time marking the end of the Brexit implementation (transition) period for UK legal purposes. In practice, it is the trigger date used in UK statutes, statutory instruments and contracts to determine when EU law stopped applying and when UK amendments took effect. It is defined in legislation: section 39 of the European Union (withdrawal agreement) Act 2020 fixes “IP completion day” as 11.00 p.m. on 31 December 2020 (UK time). Key legal effects include: establishing the snapshot for “retained EU law” under the European Union (Withdrawal) Act 2018; altering the supremacy and direct effect of EU law as...

Bankruptcy and Divorce in England and Wales: Effects on Financial Remedies, Trustees’ Powers, Void Dispositions, Annulment and Forum Strategy

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

R&I spotlight on matrimonial law

Bankruptcy specialists frequently face circumstances where bankruptcy and matrimonial proceedings unfold in tandem. In some cases, one spouse commences bankruptcy with the purpose of undermining the other spouse’s financial claims arising on divorce, or to defeat those claims.

Principal legislation

The Matrimonial Causes Act 1973 (MCA 1973) sets the framework governing the divorce regime in England and Wales. It was later amended and updated by the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), introducing the concept of ‘no fault’ divorce for fresh applications formally lodged on or after 6 April 2022. For applications initiated before 6 April 2022, divorce could proceed only where one party alleged the marriage had irretrievably broken down, relying upon ‘facts’ such as the other’s adultery, unreasonable behaviour or abandonment, or where the parties had lived apart for two years and consented to divorce. Defended proceedings led to a public trial, requiring the applicant to prove the factual basis underpinning the divorce. Since 6 April 2022, under DDSA 2020, an applicant may seek a divorce simply by filing a statement that the marriage has irretrievably broken down. No proof is required, and the respondent can...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Hanh Nguyen

Charles Russell Speechlys LLP

Hanh advises insolvency practitioners and other corporate and individual clients on all aspects of corporate and personal restructuring and insolvency matters, both non-contentious and contentious advice.On the non-contentious side, Hanh acts for a wide range of stakeholders including insolvency practitioners (in the context of restructurings, formal insolvencies, bankruptcies and in respect of advisory work), corporate entities, litigation funders, shareholders, directors of insolvent estates and secured and unsecured creditors.Hanh regularly advises office holders on the sales of the insolvent company’s business and assets as well as advising buyers of distressed businesses. Hanh has advised on many high-profile deals reported in the press (Oak Furnitureland, Karen Millen, Vidal Sassoon, Selazar, bio-bean and Douglas & Gordon,) and also carries on significant non-formal insolvency work such as advising boards of directors and...

James Riby

Charles Russell Speechlys LLP

James advises clients from all types of family arrangements and relationships. He is also a trained Mediator and Collaborative Lawyer. James has been ranked in Chambers High Net Worth; Spear's Wealth Management's 'Rising Stars of Wealth Management' index; CityWealth's 'Leading Family and Matrimonial Lawyers index; and recognised as a Key Lawyer in Legal 500. His work covers cohabitation, nuptial agreements, Civil Partnerships, separation, divorce and the financial consequences of the same; financial claims on behalf of children; and child arrangements (custody) issues, and child abduction and relocation. James is most well-known for his experience and expertise in complex cross-border jurisdiction matters, claims against offshore trusts and the interplay between family law and insolvency issues. He was a member of Resolution's Brexit Working Party and is co-author with David Lingham of the UK chapter of the leading practitioner guide 'Global Mobility of...

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

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...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

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 ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

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 ]...