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Matrimonial and Civil Partnership Law (Volume 72 (2019), paras 1–460; Volume 73 (2019), paras 461–940)

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Matrimonial and Civil Partnership Law (Volume 72 (2019), paras 1–460; Volume 73 (2019), paras 461–940)

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

TAKE A FREE TRIAL

Matrimonial and Civil Partnership Law (Volume 72 (2019), paras 1–460; Volume 73 (2019), paras 461–940)

Consultant Editor

1. Fundamentals of Marriage and Civil Partnership

1. Marriage in English law generally.

2. Definition of marriage and related expressions.

3. Contractual basis and effect of marriage.

4. Civil partnership; in general.

5. Requisites of valid marriage and presumption of validity.

6. Requisites of a civil partnership.

7. Validation of civil partnership.

8. Presumption of marriage from cohabitation without ceremony.

9. Presumption of marriage from cohabitation after ceremony.

10. Domicile of parties to marriage.

11. Polygamous marriages; in general.

12. Bigamous marriages; in general.

13. Sham marriages and sham civil partnerships; in general.

14. Investigation as to whether proposed marriage or civil partnership is a sham.

15. Arranged and forced marriages.

16. Royal marriages; in general.

17. Confirmation of marriages by order.

18. Agreements to marry or to form civil partnership not enforceable at law.

19. Marriages outside England and Wales.

20. Civil partnerships outside England and Wales.

21. Overseas relationships treated as civil partnerships.

22. Recognition of divorces, dissolutions etc outside England and Wales.

23. Proof of marriages under certificate of superintendent registrar or licence of Registrar General.

24. Proof of marriage according to rites of Church of England after banns or by common licence.

25. Proof of marriages in naval, military and air force chapels.

26. Proof of Jewish marriages.

27. Registers and certificates as evidence of marriages.

28. Proof of civil partnerships.

29. Proof in matrimonial or civil partnership proceedings of marriages or civil partnerships celebrated outside England and Wales.

30. Proof of consular marriages and marriages under foreign law.

31. Proof of civil partnerships registered abroad.

32. Colonial and foreign registers of marriages etc.

33. Legal capacity to marry or enter into a civil partnership; in general.

34. Minimum age of parties to marriage or civil partnership.

34A. Whole life prisoners prohibited from forming a marriage or civil partnership

35. Whether disabilities to marry or enter into a civil partnership recognised in English law.

36. Remarriage and entering into a new civil partnership.

37. Marriage and civil partnership within the prohibited degrees.

38. Marriage absolutely prohibited.

39. Marriage conditionally prohibited.

40. Civil partnership absolutely prohibited.

41. Civil partnership conditionally prohibited.

42. Saving of dignities and rights where marriage rendered valid.

43. Minimum age of consent to marriage or civil partnership.

44. Giving of parties' valid consent to marriage or civil partnership.

45. Effect of duress or intoxication on validity of marriage or civil partnership.

46. Effect of mistake on validity of marriage or civil partnership.

47. Effect of lack of mental capacity on validity of marriage or civil partnership.

48. Marriage or civil partnership involving person aged under 18.

49. Where parental etc consent to marriage or civil partnership is unobtainable or refused.

50. Application for consent of the court to marriage or civil partnership of a child.

51. Evidence of parental etc consent to marriage.

52. Withdrawal of parental etc consent to marriage or civil partnership.

53. Effect of absence of parental etc consent to marriage or civil partnership.

54. Declaration of dissent from marriage of child at time when banns published.

55. Consent required for application to register place of religious worship for solemnisation of marriages of same sex couples.

56. Consent required for other religious ceremonies of marriage for same sex couples.

2. Formalities for Marriage and Civil Partnership

57. Methods of lawful marriage.

58. [Marriages on the authority of a marriage schedule].

59. Naval, military and air force marriages.

60. Formation of civil partnership by registration.

61. Conversion of civil partnership into marriage.

62. Giving notice of marriage to superintendent registrar and content of notice.

63. Notice requiring presence of registrar at marriage.

64. Effect of want of due notice of marriage and of misdescription.

65. Declaration to accompany notice of marriage.

66. Evidence to be provided by person giving notice of marriage.

67. Additional evidence if a party to the proposed marriage is not a relevant national.

68. Superintendent registrar's power to require evidence of consent to marriages of same sex couples.

69. Superintendent registrar's power to reject false information or evidence.

70. Entry in marriage register.

71. Notification where marriage is within the prohibited degrees.

72. Publication of notice of marriage.

73. Referral of proposed marriage to the Secretary of State.

74. Forbidding the issue of a marriage schedule.

75. Caveat against issue of marriage schedule.

76. Issue of superintendent registrar's marriage schedule; in general.

77. Issue of marriage schedule where marriage has been referred to the Secretary of State.

78. Delivery of marriage schedule.

79. Marriage without the presence of a registrar.

80. Marriage in registration district in which neither party resides.

81. Time for solemnisation of marriage on the authority of marriage schedules.

82. Marriage at superintendent registrar's office.

83. Delivery of certificate to district registrar.

84. Register office marriage followed by religious ceremony.

85. When and how marriage in a registered building may be solemnised.

86. Forms and ceremonies for marriage in a registered building.

87. Presence of authorised person and other requirements for marriage in a registered building.

88. Appointment of authorised person where building registered for solemnisation of marriages between a man and a woman.

89. Appointment of authorised person where building registered for solemnisation of marriages of same sex couples.

90. Procedure where authorised person for registered building ceases to be authorised to be present at the solemnisation of marriages.

91. Registration of marriage solemnised in registered building.

92. Custody of marriage register books for registered building.

93. Searches in register books.

94. Solemnisation of marriage on approved premises.

95. Notification of Quaker marriages.

96. Solemnisation of Quaker marriages.

97. Notification of Jewish marriages.

98. Solemnisation of Jewish marriages.

99. Solemnisation of marriages according to the usages of belief organisations.

100. Marriage intended to be solemnised in England on authority of a marriage schedule where one party resident in Scotland.

101. One party resident in His Majesty's dominions.

102. Conditions for Church of England marriage service.

103. Methods of authorising Church of England marriages.

104. Places of solemnisation of Church of England marriage.

105. Banns and marriages in cases of pastoral reorganisation.

106. Banns and marriages when church is being rebuilt or repaired.

107. Licensing of chapels for banns and marriages.

108. Banns and marriages in churches of extra-parochial places.

108A. Issue of marriage document after publication of banns or grant of special or common licence

109. List of chapels in which Church of England marriages may be solemnised.

110. Publication of banns in parish of residence.

111. Publication of banns in party's usual place of worship.

112. Completion of banns in another church.

113. Notice of banns.

114. Mode of publication of banns.

115. Who may publish banns.

116. Publication of banns void after three months.

117. Certificate of banns.

118. Publication of banns outside England and Wales.

119. Publication of banns on His Majesty's ships.

120. Register book of banns.

121. Common and special marriage licences.

122. Affidavit leading to grant of common marriage licence.

123. Caveat against grant of common marriage licence.

124. Period of validity of common marriage licence.

125. Who may solemnise marriage according to the rites of the Church of England.

126. Minister's duty to solemnise marriage.

127. Time of marriage according to the rites of the Church of England.

128. Conduct of marriage ceremony in church.

129. Duty to register Church of England marriages.

130. Copies for superintendent registrar of register book kept by church or chapel incumbent.

131. Marriage register books kept by church or chapel incumbent.

132. Marriages of seriously ill persons; in general.

133. Notice of marriage of seriously ill person.

134. Marriage of seriously ill person; evidence of capacity, consent etc to be produced.

135. Caveat against issue of Registrar General's licence.

136. Issue of licence by Registrar General; period of validity.

137. Marriage of seriously ill person; place and manner of solemnisation.

138. Documentary authority for marriage of seriously ill person.

139. Civil marriage of seriously ill person followed by religious ceremony.

140. Solemnisation of marriages in naval, military, and air force chapels.

141. Licensing or registration of naval, military, and air force chapels for marriages.

142. Issue of certificates for marriage on board His Majesty's ships.

143. Provision for overseas marriage of armed forces personnel.

144. Preliminaries to forces marriage.

145. Solemnisation of forces marriage.

146. Provision for consular marriage.

147. Preliminaries to consular marriage.

148. Solemnisation of consular marriage.

149. Register of consular marriages.

150. Power to make provision for issue of certificates of no impediment to marriages under foreign law.

151. Superintendent registrar's certificate of no impediment to a marriage under foreign law.

152. Consular certificate of no impediment to a marriage under foreign law.

153. The standard and special procedure for civil partnerships.

154. Notice of proposed civil partnership and declaration under the standard procedure.

155. Evidence to be given to registration authority on giving notice of proposed civil partnership.

156. Additional evidence on giving notice of proposed civil partnership if party not relevant national.

157. Registration authority's power to reject false information or evidence provided on giving notice of proposed civil partnership.

158. Civil partnership within the qualified prohibitions.

159. Publication of notice of proposed civil partnership.

160. Referral of proposed civil partnership to Secretary of State.

161. Forbidding the issue of a civil partnership schedule.

162. Issue of a civil partnership schedule; in general.

163. Issue of a civil partnership schedule where proposed civil partnership has been referred to the Secretary of State.

164. Time for civil partnership registration under the standard procedure.

165. Notice of proposed civil partnership and declaration under the special procedure.

166. Registrar General's power to require evidence where notice is given under the special procedure.

167. Forbidding the issue of a Registrar General's licence under the special procedure.

168. Issue of a Registrar General's licence under the special procedure.

169. Time for civil partnership registration under the special procedure.

170. Provision for registration abroad of civil partnerships.

171. Notice of proposed civil partnership to be registered abroad.

172. Publication of notice of proposed civil partnership to be registered abroad.

173. Objection against registration abroad of civil partnership.

174. Consent to registration abroad of civil partnership where proposed civil partner is under 18.

175. Registration abroad of civil partnership.

176. Certificate of no impediment to civil partnership being registered.

177. Registration abroad as civil partners by armed forces personnel.

178. Notice and declaration of proposed civil partnership to be registered abroad where party is member of armed forces.

179. Evidence to be given to the registering officer where party is member of armed forces.

180. Publicising of proposed civil partnership to be registered abroad where party is member of armed forces.

181. Objection to an intended registration abroad of a proposed civil partnership where party is member of armed forces.

182. Formation of civil partnership by registration abroad where party is member of armed forces.

183. Commanding officer's certificate of no impediment to civil partnership where party is member of armed forces.

184. Information to be provided to superintendent registrar before conversion of civil partnership into marriage.

185. Verification of information and evidence relating to persons seeking to convert a civil partnership.

186. Standard procedure for conversion of civil partnership into marriage.

187. Special procedure for conversion of civil partnership into marriage.

188. Two stage procedure for conversion of civil partnership into marriage.

189. Signing the conversion declaration to convert civil partnership into marriage.

190. Ceremonies after conversion of civil partnership into marriage.

191. Registration of marriage resulting from conversion of civil partnership and annotation of civil partnership records.

192. Countries or territories in which consular conversions may take place.

193. Procedure for consular conversion of civil partnership into marriage.

194. Consular conversion of civil partnership into marriage: signing the conversion declaration.

195. Registration of consular conversions of civil partnerships into marriages.

196. Countries or territories in which armed forces conversions of civil partnerships into marriages may take place.

197. Armed forces conversions of civil partnerships into marriages: conversion procedure.

198. Armed forces conversion of civil partnership into marriage: signing the conversion declaration.

199. Armed forces conversion of civil partnership into marriage followed by religious ceremony.

200. 'Housebound persons' for the purposes of marriage and civil partnership forms and ceremonies.

201. 'Detained persons' for the purposes of marriage and civil partnership forms and ceremonies.

202. Marriages of housebound and detained persons.

203. Notice of marriage of housebound or detained person to be solemnised at a person's usual place of residence.

204. Solemnisation of marriage of housebound or detained person at usual place of residence.

205. Civil partnerships of housebound persons.

206. Civil partnerships of detained persons.

207. Conversion of civil partnerships into marriages; procedures applying to housebound or detained persons.

208. Marriage where a party is subject to immigration control.

209. Civil partnership where a party is subject to immigration control.

210. Offences relating to solemnisation of marriages.

211. Offences relating to registration of marriages.

212. Offences under the Marriage Act 1949 by authorised persons.

213. Offences in relation to a Registrar General's marriage licence.

214. Making false statements etc with reference to marriage.

215. Offences relating to civil partnership schedules.

216. Offences relating to Registrar General's licence for civil partnership.

217. Offences relating to the recording of civil partnerships.

218. Making false statements etc with reference to civil partnerships.

219. Superintendent registrar's duty to report suspected offences relating to the conversion of civil partnerships into marriages.

3. Premises for Marriages and Civil Partnerships

220. Power to make provision for approval of premises for solemnisation of marriages and registration of civil partnerships.

221. Kinds of premises in respect of which an application for approval for solemnisation of marriages and registration of civil partnerships may be made.

222. Application procedure for approval for solemnisation of marriages and registration of civil partnerships of premises that are not religious premises.

223. Application procedure for approval for registration of civil partnerships of premises that are religious premises.

224. Application procedure for approval for registration of civil partnerships of a shared church or other buildings.

225. Public consultation on application for approval of premises for solemnisation of marriages and registration of civil partnerships.

226. Grant or refusal of approval of premises for solemnisation of marriages and registration of civil partnerships.

227. Conditions attached to the approval of premises for solemnisation of marriages and registration of civil partnerships.

228. Expiry and renewal of approval of premises for solemnisation of marriages and registration of civil partnerships.

229. Revocation of approval of premises for solemnisation of marriages and registration of civil partnerships; in general.

230. Revocation of approval of religious premises for registration of civil partnerships on withdrawal etc of required consent.

231. Reviews of decisions relating to approvals of premises for solemnisation of marriages and registration of civil partnerships.

232. Registers of approved premises for solemnisation of marriages and registration of civil partnerships.

233. Guidance concerning approval of premises for solemnisation of marriages and registration of civil partnerships.

234. Fees for applications for approvals of premises for solemnisation of marriages and registration of civil partnerships.

235. Effect of change of name of premises approved for solemnisation of marriages and registration of civil partnerships.

236. Application for registration of building for marriages of a man and a woman.

237. Registration of building for marriages of a man and a woman.

238. Cancellation of registration of building for marriages of a man and a woman.

239. Application for registration of building for marriages of same sex couples.

240. Registration of building for marriages of same sex couples.

241. Cancellation of registration of building for marriage of same sex couples.

242. Procedure where application for registration of building for marriages of opposite and same sex couples is made.

243. Provision that may be made by regulations under the shared building provisions for registration for marriages of same sex couples.

244. Registration of building subject to the Sharing of Church Buildings Act 1969 for marriages of same sex couples.

245. Registration of other shared places of worship for marriages of same sex couples.

246. Sharing Churches' use of shared buildings registered for the marriages of same sex couples.

247. Registered buildings that become shared or cease to be shared or where the sharing Churches change.

248. Cancellation of registration for marriages of same sex couples of building subject to the Sharing of Church Buildings Act 1969.

249. Cancellation of registration for marriages of same sex couples of other shared places of worship.

250. Registrar General's duties with regard to list of buildings registered for marriages.

4. Legal Incidents of Marriage and Civil Partnership

251. In general.

252. Spouses' and civil partners' contracts with third parties.

253. Contracts between spouses and civil partners.

254. Bankruptcy of spouse or civil partner.

255. Criminal liability of spouse or civil partner for acts of other spouse or civil partner.

256. Effect of marriage and civil partnership on wills and intestacy.

257. Proceedings between spouses or civil partners.

258. Compellability of spouses and civil partners as witnesses.

259. Married women's domicile.

260. Common law duty of maintenance and related duties.

261. Statutory duty to maintain spouses and civil partners under law relating to welfare benefits.

262. No enforceable duty for spouses to cohabit.

263. Rape and other sexual offences in marriage or civil partnership.

264. Enticement, harbouring and loss of consortium.

265. Gifts and legacies inducing separation.

266. Confidences between spouses or civil partners.

267. Resolution of property disputes between spouses or civil partners; in general.

268. General extent of court's powers to resolve property disputes between spouses or civil partners.

269. Power to order sale of matrimonial or civil partnership property.

270. Matrimonial or civil partnership property to which court's powers extend.

271. Property no longer in possession of spouse or civil partner.

272. Property of former spouses or civil partners.

273. Rights over property where engagement or civil partnership agreement terminated.

274. Property rights in the family home in the event of separation.

275. Married woman's right to exercise power of appointment.

276. Right of indemnity where one party's property charged for other's benefit.

277. Position where other spouse or civil partner is party to a mortgage.

278. Property charged partly for benefit of other spouse or civil partner.

279. Estates of both spouses or civil partners charged for one party's benefit.

280. Charge of property over which one party has general power.

281. Equity of exoneration; effect of bankruptcy.

282. Joint banking account held by spouses or civil partners.

283. Money and property derived from housekeeping allowance.

284. Wedding presents and gifts on marriage.

285. Rules concerning gifts and transfers between spouses or civil partners.

286. Exercise of undue influence by spouse or civil partner.

287. Fraudulent dispositions between spouses or civil partners.

288. Receipt of one party's property by other spouse or civil partner.

289. Discharge of incumbrances by spouse or civil partner.

290. Gifts between engaged couples and persons who have entered into a civil partnership agreement.

291. Rights of surviving spouse or civil partner in deceased's estate.

292. Surviving spouse or civil partner becoming statutory tenant by succession.

293. Policies effected by spouses or civil partners for one another's benefit.

294. Effect of policy for benefit of spouse, civil partner or children.

295. Appointment of trustees of money payable under life assurance policy.

296. Lien for payment of premiums by spouse or civil partner.

5. Property Rights in the Family Home

297. Resolution of disputes concerning property rights in the family home.

298. Property purchased in joint names without express declaration of beneficial interests.

299. Property purchased in one name only.

300. Quantification of beneficial interests in property.

301. Contribution by spouse or civil partner to improvements to property.

302. Home rights where one spouse or civil partner has no estate.

303. Effect of home rights as charge on dwelling house.

304. Persons entitled to be made parties to, or to be served notice of, claims by mortgagees to enforce security against dwelling house.

305. Home rights of bankrupts.

306. Application to the court for an occupation order.

307. Occupation orders without notice.

308. Undertakings instead of occupation orders.

309. Right to apply for an occupation order where the applicant has an estate or interest or home rights.

310. Provisions that may be included in an occupation order where the applicant has an estate or interest or home rights.

311. Additional obligations etc which may be imposed where certain occupation orders are made.

312. Matters to which the court must have regard in connection with making an occupation order where the applicant has an estate or interest or home rights.

313. Effect of occupation order where rights are charge on dwelling house.

314. Former spouse or civil partner's right to apply for an occupation order.

315. Provisions that must or may be included in an occupation order in favour of former spouse or civil partner not otherwise entitled to occupy.

316. Matters to which the court must have regard in making an occupation order in favour of former spouse or civil partner not otherwise entitled to occupy.

317. Cohabitant or former cohabitant's right to apply for an occupation order.

318. Provisions that must or may be included in an occupation order in favour of a cohabitant or former cohabitant not otherwise entitled to occupy.

319. Matters to which the court is to have regard in making an occupation order in favour of a cohabitant or former cohabitant not otherwise entitled to occupy.

320. Right to apply for an occupation order where neither party is entitled to occupy.

321. Provisions that may be included in an occupation order in favour of one party where neither party otherwise entitled to occupy.

322. Matters to which the court must have regard in making occupation order in favour of one party where neither party otherwise entitled to occupy.

323. Power to vary or discharge occupation order.

324. Cases in which the court may make a transfer of tenancy order.

325. Matters to which the court must have regard in making a transfer of tenancy order.

326. Transfer orders which may be made in relation to protected, secure, assured or introductory tenancies or assured agricultural occupancies.

327. Transfer orders which may be made in relation to statutory tenancies.

328. Compensation where transfer of tenancy order is made.

329. Liabilities and obligations in respect of the dwelling house where transfer of tenancy order is made.

6. Spouses' and Civil Partners' Agreements

330. Enforceability of pre-nuptial and pre-registration agreements.

331. Meaning of 'maintenance agreement'.

332. Validity of maintenance agreements.

333. Alteration of maintenance agreement by court during lives of parties.

334. Alteration of maintenance agreement by court after death of one party.

335. Grounds for alteration of maintenance agreement.

336. Alterations to maintenance agreements which may be made by the court.

337. Duration of alterations to maintenance agreement.

338. Alteration of maintenance agreements by the court; subsequent proceedings.

339. Procedure on application for alteration of a maintenance agreement in the lifetime of the parties.

340. Procedure on application for alteration of a maintenance agreement after death of a party.

341. Separation agreements made in contemplation of immediate separation.

342. Separation agreements providing for future separation.

343. Agreement not to sue in respect of past matters.

344. Formalities required for contract of separation; presumption of legality.

345. Fraud and misrepresentation with regard to contract for separation.

346. Duress and mistake with regard to contract for separation.

347. Valuable consideration for contract for separation.

348. Usual clauses in separation agreements.

349. Estoppel where deed of separation acted on.

350. Covenant not to molest other party to marriage or civil partnership.

351. How far provisions of a separation deed construed as permanent.

352. Trust in separation deed for benefit of children.

353. Subsequent misconduct after separation agreement.

354. Effect of breach of separation agreement.

355. Satisfaction of annuity by legacy.

356. Provisions in separation agreement as to parental responsibility and contact.

357. Effect on separation agreement of divorce, dissolution, annulment and judicial or legal separation.

358. Specific performance of separation agreement.

359. Injunction restraining breach of separation agreement.

360. Breach of covenant in separation agreement.

361. Proof for annuity in bankruptcy.

362. Whether separation agreement determined by reconciliation.

363. Effect of reconciliation on arrears of annuity.

364. Resumption of cohabitation necessary to terminate separation agreement.

365. Marriage and civil partnership settlements; in general.

366. Post-nuptial settlements and settlements made during the subsistence of a civil partnership.

367. Orders for financial relief agreed by the parties.

368. Procedure on application for a consent order.

369. Consent orders for financial relief after overseas divorce etc.

370. Setting aside consent orders for financial relief.

371. Agreement or arrangement for opinion of court.

372. Reaching and disclosure of compromise agreement.

7. Matrimonial and Civil Partnership Proceedings

373. Annulment; the applicable law.

374. Nature and effect of annulment.

375. Annulment; bars to relief.

376. Who may institute proceedings for nullity.

377. Extension of time limit for nullity proceedings in case of person suffering from lack of mental capacity.

378. Void and voidable marriages and civil partnerships governed by foreign law or celebrated abroad under English law.

379. Grounds on which marriage is void.

380. Marriages under superintendent registrar's certificates which are void for want of formality.

381. Marriages under Registrar General's licence which are void for want of formality.

382. Marriages according to rites of the Church of England which are void for want of formality.

383. Grounds on which civil partnership is void.

384. Failure to give valid consent as ground for nullity.

385. Lack of mental capacity as ground for nullity.

386. Pregnancy by some other person as ground for nullity.

387. Gender reassignment as ground for nullity.

388. Incapacity to consummate marriage as ground for nullity.

389. Wilful refusal to consummate marriage as ground for nullity.

390. Venereal disease as ground for nullity.

391. Irretrievable breakdown ground for divorce, dissolution or separation.

392. Proof of irretrievable breakdown.

393. Inquiry into facts and making of order or decree.

394. Meaning of 'adultery'.

395. Adultery as proof of irretrievable breakdown.

396. Living with each other after knowledge of adultery.

397. Burden and standard of proof of adultery.

398. Direct and circumstantial evidence of adultery.

399. Birth of a child as evidence of adultery.

400. Previous decree or order as proof of adultery.

401. Decree nisi as evidence of adultery.

402. Findings in other proceedings as evidence of adultery.

403. Behaviour as proof of irretrievable breakdown.

404. Consideration of whether applicant can reasonably be expected to live with the respondent.

405. Living together after final incident of alleged behaviour.

406. Meaning of 'desertion'.

407. Desertion as proof of irretrievable breakdown.

408. Duration of desertion.

409. No account taken of periods of living together when considering period of desertion.

410. Presumed time of desertion following prior decree or order of judicial or legal separation.

411. Mutual desertion.

412. Elements of desertion; fact and intention.

413. Burden and standard of proof of desertion.

414. Time and method of consent to separation.

415. Desertion without resumption of cohabitation after consensual separation.

416. Agreement to pay maintenance while parties live apart.

417. Repudiation and affirmation of separation deed.

418. Effect of Jewish divorce.

419. Desertion where parties live under same roof.

420. Matters not amounting to separation.

421. Effect of separation with cause.

422. Conduct amounting to just cause.

423. Enforced separations.

424. Limited separation; duty to offer to return.

425. Choice of home as factor in separation.

426. Separation caused by illness.

427. Position of deserting party.

428. Absence of intention to desert.

429. Proof of intention to desert.

430. Effect of lack of mental capacity on desertion.

431. Desertion where applicant lacks mental capacity or is otherwise ill.

432. Doctrine of constructive desertion.

433. Proof of constructive desertion; and presumptions.

434. Constructive desertion: conduct with third parties and past history.

435. Ways of terminating desertion.

436. Offer by deserting party to return.

437. Effect of refusal of offer to return made in good faith.

438. Declaration by deserted party against having other party back.

439. Genuineness of deserting party's offer to return.

440. When the deserting party's offer to return is a stratagem.

441. Deserting party's offer to return subject to conditions.

442. Ending of desertion by resumption of cohabitation.

443. Effect of sexual intercourse on the issue of resumption of cohabitation.

444. 'Living separate' and resuming cohabitation.

445. Effect on desertion of decree of judicial separation or separation order.

446. Two years' living apart as evidence of irretrievable breakdown.

447. Two years' living apart; what constitutes consent.

448. Respondent misled into giving consent to divorce or dissolution.

449. Five years' living apart as evidence of irretrievable breakdown.

450. Refusal of divorce or dissolution after five years' living apart.

451. Establishing continuity of period of living apart.

452. No account to be taken of limited periods of living together.

453. Duty to consider reconciliation.

454. Declarations of presumed death; in general.

455. Property rights in the family home.

456. Applications for financial provision and relief; in general.

457. Financial provision in case of failure to provide reasonable maintenance; in general.

458. Right to apply for declaration of marital or civil partnership status.

459. Intervention by the Attorney General on application for declaration of marital or civil partnership status.

460. Making and effect of declarations of marital or civil partnership status.

8. Injunctive Relief for Spouses or Civil Partners

461. Power of court to make non-molestation orders.

462. Applications for non-molestation orders and making of orders.

463. Matters to which the court must have regard when making a non-molestation order.

464. Non-molestation orders without notice.

465. Undertakings instead of non-molestation orders.

466. Power to vary or discharge non-molestation order.

467. Court's power to make forced marriage protection orders.

468. Applications for forced marriage protection orders.

469. Making of forced marriage protection orders without prior application.

470. Matters to which the court must have regard in making a forced marriage protection order.

471. Forced marriage protection orders without notice.

472. Content and duration of forced marriage protection orders.

473. Undertakings instead of forced marriage protection orders.

474. Variation and discharge of forced marriage protection orders.

475. Injunctions to enforce financial relief; in general.

9. Financial Relief for Spouses or Civil Partners

476. Failure to provide reasonable maintenance.

477. Orders which may be made on application for reasonable maintenance.

478. Matters to which the court is to have regard when making order for reasonable maintenance.

479. Interim orders for reasonable maintenance.

480. Duration of continuing periodical payments orders and secured periodical payments orders.

481. Property that may be the subject of a secured periodical payments order.

482. Deed to secure payments of reasonable maintenance.

483. Unfair pressure on payer of maintenance.

484. Effect of death of person paying reasonable maintenance.

485. Child support.

486. Alienation of periodical payments; effect of bankruptcy on periodical payments order.

487. Orders for financial provision under the 1978 Act.

488. Orders for payments which have been agreed by the parties.

489. Sufficiency of agreed payments.

490. Orders for periodical payments where parties are living apart by agreement.

491. Orders for financial provision for the benefit of children.

492. Age limit on making orders for financial provision for the benefit of children.

493. Application by parent, guardian etc for financial relief in respect of children.

494. Matters to which the court is to have regard when making order for financial provision.

495. Duration of periodical payment orders.

496. Duration of orders for financial provision for the benefit of children.

497. Effect of death of person making periodical payments in favour of a child.

498. Power to make interim maintenance order.

499. Duration of interim maintenance orders.

500. Effect of subsequent proceedings on orders for financial provision.

501. Meaning of 'financial provision order'.

502. Relationship of financial provision and property adjustment orders.

503. Effect of subsequent marriage or civil partnership on application for financial relief.

504. Financial relief in nullity proceedings.

505. Financial relief in proceedings for presumption of death.

506. Financial provision order against or in favour of person suffering from mental disorder.

507. Maintenance pending suit or pending the outcome of proceedings.

508. Orders for payment in respect of legal services.

509. Matters to which the court is to have regard in deciding how to exercise the power to make an order in respect of legal services.

510. Power to make periodical payments order.

511. Date when periodical payments order takes effect.

512. Duration of continuing periodical payments orders.

513. Request for periodical payments order at same rate as order for maintenance pending suit or the outcome of proceedings.

514. Orders for interim periodical payments.

515. Matters to which the court is to have regard when making a periodical payments order.

516. Periodical payments order; unfair pressure on payer.

517. Effect of previous court orders for financial provision.

518. Alienation of periodical payments; effect of bankruptcy on periodical payments order.

519. Power to make secured periodical payments order.

520. Date when secured periodical payments order takes effect.

521. Duration of continuing secured periodical payments orders.

522. Orders for interim secured periodical payments.

523. Matters to which the court is to have regard in making a secured periodical payments order.

524. Property that may be the subject of a secured periodical payments order.

525. Deed to secure payments.

526. Effect on secured periodical payments order of death of spouse or civil partner.

527. Alienation of secured periodical payments.

528. Power to make order for the payment of a lump sum.

529. Lump sum provision for liabilities and expenses.

530. Adjournments of applications for a lump sum.

531. Circumstances in which interest is payable.

532. Time at which application for lump sum order should be made.

533. Date when order for payment of lump sum takes effect.

534. Matters to which the court is to have regard when making order for payment of lump sum.

535. Duxbury calculations.

536. Alienation of rights under lump sum order; effect of bankruptcy on lump sum order.

537. Power to make pension attachment order.

538. Pension attachment: orders for payment of lump sum.

539. Acquisition of rights under new pension arrangement.

540. Valuation of pension benefits.

541. Reduction in benefits payable under pension arrangement.

542. Change of circumstances after pension attachment order made.

543. Pension attachment: transfer of rights.

544. Power to make financial provision orders for the benefit of children.

545. Matters to which the court is to have regard when making financial provision order for the benefit of a child.

546. Duration of financial provision orders for the benefit of a child.

547. Effect of the death of person making payments for the benefit of a child.

548. Child support.

549. Orders for financial relief against parents under the Children Act 1989.

550. Meaning of 'property adjustment order'.

551. Power to order transfer of property.

552. Property that may be the subject of a property adjustment order.

553. No power to make an interim property adjustment order.

554. Date when transfer of property order takes effect.

555. Matters to which the court is to have regard in making a transfer of property order.

556. Deed of transfer.

557. Effect of bankruptcy of transferor of property.

558. Power to order settlement of property.

559. Date when order for settlement of property takes effect.

560. Matters to which the court is to have regard when making an order for the settlement of property.

561. Effect of bankruptcy of settlor of property.

562. Order for variation of settlement.

563. Settlements with which the court can deal under its power to vary a settlement.

564. Legitimacy not decided in variation of settlement proceedings.

565. Extinguishing or reducing a party's interests and powers.

566. Effect of decree or order of nullity on settled property.

567. When the court will revise its order varying a settlement.

568. When an order for the variation of a settlement takes effect.

569. Injunctions in relation to settlements.

570. Power to make property adjustment orders for the benefit of children.

571. Matters to which the court is to have regard when making a property adjustment order in respect of a child.

572. Power to make orders for the sale of property.

573. Date when sale of property order takes effect.

574. Matters to which the court is to have regard when making an order for the sale of property.

575. Making and terms of Mesher and Martin orders.

576. Meanings of 'pension sharing order' and 'pension compensation sharing order'.

577. Making of pension sharing orders and pension compensation sharing orders.

578. Date when pension sharing orders and pension compensation sharing orders take effect.

579. Attachment of pension compensation.

580. Apportionment of charges in respect of pension sharing costs.

581. Appeals relating to pension sharing orders and pension compensation sharing orders which have taken effect.

582. Variation of pension sharing orders and pension compensation sharing orders.

583. Mechanism for pension compensation sharing on divorce etc.

584. Applications for financial relief after overseas divorce etc.

585. Orders for financial relief after overseas divorce etc.

586. Matters to which the court is to have regard in exercising its powers to make orders for financial relief after overseas divorce etc.

587. Restriction of powers of court after overseas divorce etc where jurisdiction depends on family home in England and Wales.

588. Restriction, in orders for financial relief after overseas divorce etc, on making applications for financial provision from estate of deceased former spouse or civil partner.

589. Interim orders for maintenance after overseas divorce etc.

590. Orders for financial relief after overseas divorce etc; supplementary provisions.

591. Financial relief: effect of death of parties.

592. Making payments from deceased's estate.

593. Application for financial provision or property adjustment order where financial relief not previously granted.

594. Application for variation to be accompanied by order for financial provision.

595. Orders for financial relief that may be varied, discharged or suspended.

596. Matters to which the court is to have regard in varying, discharging or suspending orders for financial relief.

597. Court's powers on discharge or variation of periodical payments orders and secured periodical payments orders.

598. Variation of periodical payments orders and secured periodical payments orders in respect of children.

599. Revival of periodical payments orders in respect of a child.

600. Variation or discharge of secured periodical payments orders following death of former spouse or civil partner.

601. Orders for repayment in changed circumstances.

602. Orders for repayment of sums after cessation of order owing to subsequent marriage or civil partnership.

603. Collection of sums after cessation of order owing to subsequent marriage or civil partnership.

604. Power to vary, revoke, suspend or revise order for periodical payments.

605. Power to order lump sum on variation of periodical payments order.

606. Power to specify when periodical payments order as varied takes effect.

607. Matters to which the court is to have regard when exercising its power to vary, revoke or revive an order for periodical payments.

608. Power to impose means of payment on variation of periodical payments order.

609. Revival of orders for periodical payments.

610. Orders for repayment of certain sums paid after cessation of order for financial provision by reason of subsequent marriage or civil partnership.

611. Collection of sums after cessation of order for financial provision owing to subsequent marriage or civil partnership.

612. Protected claims for financial relief.

613. Avoidance of transactions intended to defeat claims for financial relief.

614. Prevention of transactions intended to defeat claims for financial relief.

615. Court's duty to consider all the circumstances of the case when granting financial relief.

616. Particular matters to which the court must have regard when granting financial relief.

617. Overall purpose of court's powers in granting financial relief.

618. Termination of financial obligations after divorce, dissolution etc.

619. Effect of remarriage, cohabitation or the entering into of a subsequent civil partnership or marriage.

620. Possibility of reconciliation where court is considering whether to make order for financial provision.

621. Delay in bringing application for financial relief.

622. Agreements and consent orders; in general.

623. Orders for financial provision etc in relation to children of the family.

624. Additional matters to which court must have regard in making order in relation to child not child of party against whom order is sought.

625. Income to be taken into account when granting financial relief.

626. Court's assessment of parties' earning capacity.

627. Property and financial resources to be taken into account when granting financial relief.

628. Whether court should make a distinction between inherited wealth or other 'non-matrimonial' property and wealth accruing as 'marital acquest'.

629. Court may have regard to availability of welfare benefits.

630. Available assets do not become immaterial once claimant's financial needs are satisfied.

631. Court's use of Duxbury calculations.

632. Whether court should have regard to party's desire to make provision for adult children.

633. Whether court should have regard to need to provide for unforeseen contingencies.

634. Yardstick of equality is to be applied as an aid, not a rule.

635. Court's approach to exercise of discretion to grant financial relief where there are substantial assets.

636. Court's approach to exercise of discretion to grant financial relief in relation to businesses.

637. Court's consideration of parties' financial needs, obligations and responsibilities.

638. Matters to which the court will have regard in assessing parties' financial needs.

639. Parties' long-term housing.

640. Parties' debts and expenditure.

641. Court's duty to have regard to family's standard of living.

642. Court's duty to have regard to age of parties.

643. Court's duty to have regard to duration of marriage or civil partnership.

644. Court's duty to have regard to physical or mental disability of parties.

645. Court's duty to have regard to parties' respective contributions to welfare of family.

646. Inherited money and property to be regarded as contribution by party introducing it.

647. Court's consideration of parties' conduct.

648. Court's consideration of value of benefits.

10. Matrimonial etc Jurisdiction and Procedure

649. Matrimonial and civil partnership business assigned to the Family Division.

650. Establishment of the Family Court.

651. Sittings of the Family Court.

652. Judges of the Family Court.

653. Composition of the Family Court and distribution of its business.

654. Family Court has High Court and County Court powers.

655. Proceedings and decisions of the Family Court.

656. Records of proceedings in the Family Court.

657. Function of giving legal advice to judges.

658. Jurisdiction of Family Court under Part I of the Domestic Proceedings and Magistrates' Courts Act 1978.

659. Directions as to distribution and transfer of family business and proceedings.

660. Transfer of family proceedings from the High Court to the Family Court.

661. Transfer of family proceedings from the Family Court to the High Court.

662. Procedure for transfer of family proceedings.

663. Allocation of proceedings to another level of judge.

664. Estoppel and res judicata in matrimonial and civil partnership proceedings.

665. Applications for new trial.

666. Jurisdiction over foreign co-respondents.

667. Power to provide for separate representation for children.

668. Obligation to attend family mediation information and assessment meeting ('MIAM').

669. When obligation to attend family mediation information and assessment meeting ('MIAM') does not apply.

670. Procedure where a MIAM exemption was not validly claimed [or no longer applicable].

671. Conduct of family mediation information and assessment meetings ('MIAMs').

672. Court's duty to consider non-court dispute resolution.

673. [Timetabling proceedings: encouraging non-court dispute resolution].

674. Arbitration in family proceedings.

675. Jurisdiction of High Court and Family Court to entertain proceedings for divorce, dissolution, separation or annulment.

676. The 'appropriate jurisdiction' of courts in England and Wales in relation to proceedings for divorce, dissolution, separation or annulment.

677. Examination as to jurisdiction and admissibility of matrimonial proceedings.

678. Validity of divorce etc granted outside England and Wales.

679. Bar on [applying for a divorce order] or dissolution in first year of marriage or civil partnership.

680. How and where matrimonial and civil partnership proceedings are started.

681. Divorce or dissolution not precluded by previous proceedings.

682. Who are the parties to matrimonial or civil partnership proceedings.

683. Withdrawal of application for matrimonial or civil partnership order before service.

684. How the respondent can make an application for a matrimonial or civil partnership order.

685. Service within the jurisdiction of application for matrimonial or civil partnership order.

686. Deemed service within the jurisdiction of application for a matrimonial or civil partnership order.

687. Proof of service within the jurisdiction of application for matrimonial or civil partnership order.

688. Failure by court or by bailiff of postal service within the jurisdiction of application for matrimonial or civil partnership order.

689. Court's power to dispense with service within the jurisdiction of application for matrimonial or civil partnership order.

690. Service outside the jurisdiction of application for matrimonial or civil partnership order.

691. When an application for a matrimonial or civil partnership order may be amended [ … ].

692. What the respondent [ … ] should do on receiving the application for a matrimonial or civil partnership order.

693. Amendment to an answer to an application for a matrimonial or civil partnership order.

694. Court's powers relating to further information about contents of application for matrimonial and civil partnership order and answer.

695. Pending actions in other member state jurisdictions.

696. Duty to furnish particulars of concurrent matrimonial or civil partnership proceedings in another jurisdiction.

697. Obligatory stays of matrimonial or civil partnership proceedings.

698. Discretionary stays of matrimonial or civil partnership proceedings.

699. Discharge of order staying matrimonial or civil partnership proceedings.

700. Consequences of stay of matrimonial or civil partnership proceedings.

701. Stay under court's inherent jurisdiction; stay on ground of respondent's mental illness.

702. General rule that hearing in matrimonial or civil partnership proceedings to be in public.

703. Notice of hearing in matrimonial or civil partnership proceedings.

704. Applications for a [ … ] conditional order, [ … ] judicial separation order or separation order.

705. What the court will do on an application for a [ … ] conditional order, a [ … ] judicial separation or a separation order.

706. What the court must do for the case management hearing in matrimonial or civil partnership proceedings.

707. Medical examinations in proceedings for nullity of a marriage of an opposite sex couple.

708. Intervention by [King's] Proctor in matrimonial or civil partnership proceedings.

709. [Conditional and final orders for divorce, dissolution, nullity and presumption of death].

710. Making […] conditional orders final by giving notice.

711. Right of [other party] or other civil partner to apply for [final divorce order] or final order [of dissolution].

712. Applications to make [ … ] conditional orders final.

713. Stay of application to make decree nisi absolute or conditional order final.

714. Rescission of [ … ] conditional order by consent.

715. Financial hardship and protection for respondent in divorce or dissolution cases.

716. Declaration of compliance with religious usages in divorce cases.

717. Intervention by third party [before divorce order or conditional order has been made final].

718. Notice of intervention by [King's] Proctor.

719. What court officer must do when […] conditional order is made final.

720. Records of decrees absolute and final orders.

721. Final effect of decree absolute and final order.

722. No impeachment of decree absolute or final order.

723. Death of party after decree absolute or dissolution order.

724. Restriction on applications for financial relief from estate of deceased former spouse or civil partner.

725. Appeals against certain matrimonial decrees or civil partnership orders.

726. Orders relating to children that may be made in matrimonial or civil partnership proceedings.

727. Scope and purpose of the pre-application protocol for applications for a financial remedy.

728. Commencement of proceedings for financial remedy; in general.

729. Application for an interim order.

730. Duties of the court and the applicant upon issuing an application for a financial remedy.

731. Service of application for financial remedy on mortgagees, trustees etc.

732. Applications for a financial remedy: procedure before the first appointment.

733. Duties of the court at the first appointment in proceedings for a financial remedy.

734. Procedure after the first appointment in proceedings for a financial remedy.

735. The financial dispute resolution ('FDR') appointment in proceedings for a financial remedy.

736. Duties of the court and the applicant on filing a particular application for a financial remedy.

737. Request for a change of procedure with regard to particular applications for a financial remedy.

738. Procedure before the first hearing of a particular application for a financial remedy.

739. Court's power to direct filing of evidence and set dates for further hearings of a particular application for a financial remedy.

740. Service of application for a financial remedy which includes application for pension sharing order or pension attachment order.

741. What the party with pension rights must do when the court fixes a first appointment with regard to an application for a pension sharing order or pension attachment order.

742. Contents of pension sharing order or pension attachment order and duty of court making, varying or discharging such an order.

743. Procedure where the Pension Protection Fund becomes involved with the pension scheme.

744. Service of application for a financial remedy which includes application for pension compensation sharing order or pension compensation attachment order.

745. What the party with pension rights must do when the court fixes a first appointment with regard to an application for a pension compensation sharing order or pension compensation attachment order.

746. Contents of pension compensation sharing order or pension compensation attachment order and duty of court making, varying or discharging such an order.

747. Leave of the court required for applications for financial relief after overseas divorce, dissolution etc.

748. Court's jurisdiction to entertain application for order for financial relief after overseas divorce, dissolution etc.

749. Court's duty to consider whether England and Wales is appropriate venue for application for financial relief in overseas divorce, dissolution etc.

750. Questions as to the court's jurisdiction on an application for maintenance or whether proceedings must be stayed.

751. Adding or removing parties to proceedings for a financial remedy.

752. Estimates of costs and open statements of proposals in proceedings for a financial remedy.

753. Orders relating to children that may be made in proceedings for financial relief.

754. Power to make Family Procedure Rules.

755. The overriding objective of the Family Procedure Rules.

756. Power to perform functions conferred on the court by the Family Procedure Rules and practice directions.

757. Court's discretion under the Family Procedure Rules as to where it deals with cases.

758. Court's general case management powers under the Family Procedure Rules.

759. Court's power under the Family Procedure Rules to strike out a statement of case.

760. Sanctions under the Family Procedure Rules and relief from sanctions.

761. Court's general power under the Family Procedure Rules to rectify matters where there has been an error of procedure.

762. Court's power under the Family Procedure Rules to make civil restraint orders.

763. Court officer's power to refer to the court before taking a step under the Family Procedure Rules.

764. Procedure under Part 18 of the Family Procedure Rules.

765. Alternative procedure under Part 19 for applications under the Family Procedure Rules.

766. Application of the rules about service contained in the Family Procedure Rules.

767. Service of documents other than an application for a matrimonial order or civil partnership order in the United Kingdom; in general.

768. Service on children and protected parties under the Family Procedure Rules.

769. Service out of the jurisdiction under the Family Procedure Rules.

770. Meanings of 'disclosure' and 'inspection' for the purpose of the Family Procedure Rules.

771. Orders for disclosure against a person not a party to proceedings.

772. Claim to withhold inspection or disclosure of a document.

773. Family Court's general powers with regard to witnesses and evidence.

774. Competence and compellability of parties.

775. Evidential effect of other proceedings.

776. Matters in respect of which privilege may be claimed.

776A. Victims of domestic abuse: special measures in family proceedings

776B. Prohibition of cross-examination in person: victims of offences

776C. Prohibition of cross-examination in person: persons protected by injunctions

776D. Prohibition of cross-examination in person: evidence of domestic abuse

776E. Prohibition of cross-examination in person: other cases

776F. Alternatives to cross-examination in person

777. Court's power under the Family Procedure Rules to control evidence.

778. Evidence of witnesses under the Family Procedure Rules; in general.

779. Evidence at hearings other than the final hearing under the Family Procedure Rules.

780. Witness summaries under the Family Procedure Rules.

781. Affidavit evidence under the Family Procedure Rules.

782. Notice under the Family Procedure Rules to admit facts or admit or produce documents.

783. Notarial acts and instruments as evidence under the Family Procedure Rules.

784. Availability of witness statements etc for inspection during final hearing in matrimonial and civil partnership proceedings.

785. Restriction on use of witness statements etc in matrimonial or civil partnership proceedings, or proceedings for financial remedies, for other purposes.

786. Admissibility of hearsay evidence in family proceedings.

787. Evidence under the Family Procedure Rules of finding on question of foreign law.

788. Evidence in proceedings for a financial remedy of trustee's consent to act.

789. Note of oral evidence in the Family Court.

790. Witness summonses under the Family Procedure Rules.

791. Evidence by deposition under the Family Procedure Rules.

792. Experts' overriding duty to the court.

793. Control of expert evidence in proceedings other than children proceedings.

794. How expert evidence is to be given under the Family Procedure Rules.

795. Instruction of single joint expert under the Family Procedure Rules.

796. Expert's right under the Family Procedure Rules to ask court for directions.

797. Court's power under the Family Procedure Rules to direct party to provide information.

798. Service of copy orders and documents on experts instructed under the Family Procedure Rules.

799. Information to be given to expert after final hearing under the Family Procedure Rules.

800. Assessors in family proceedings.

801. Procedure for change of solicitor under the Family Procedure Rules.

802. Attendance at hearing or directions appointment under the Family Procedure Rules.

803. Attendance at private hearings under the Family Procedure Rules.

804. Court bundles in family proceedings.

805. Representation of companies etc in family proceedings.

806. Inspection and release of documents impounded by court order.

807. Recording, transcription and informal notes of family proceedings.

808. Restriction on newspaper reports of family proceedings.

809. Court fees in family proceedings.

810. Costs in family proceedings generally.

811. Costs in financial remedy proceedings.

812. Security for costs under the Family Procedure Rules.

813. Effect of co-respondent's death on order for costs.

814. Costs in cases where one or both parties in family proceedings is in receipt of public funding.

815. Standard requirements for judgments and orders in family proceedings.

816. Drawing up and filing of judgments and orders in family proceedings.

817. Service of judgments or orders made in family proceedings.

818. When a judgment or order made in family proceedings takes effect.

819. Correction of errors in judgments or orders made in family proceedings.

820. Statements of truth under the Family Procedure Rules.

821. Access to and inspection of documents retained in court.

822. Computation of time and expression of dates under the Family Procedure Rules.

823. Method of giving notice under the Family Procedure Rules.

824. Restriction on disclosure of addresses under the Family Procedure Rules.

825. Withdrawal of applications in matrimonial or civil partnership proceedings or certain other family proceedings.

826. Procedure where the Human Rights Act 1998 is raised in family proceedings.

827. Right of appeal from the Family Court.

828. Application of Part 30 of the Family Procedure Rules.

829. When permission to appeal is required in family proceedings.

830. Appellant's and respondent's notices ('appeal notices') in family proceedings.

831. Variation of time for filing appeal notice under the Family Procedure Rules.

832. Effect of bringing appeal in family proceedings.

833. Court's power to strike out appeal notices and set aside or impose conditions on permission to appeal.

834. Appeal court's powers under the Family Procedure Rules.

835. Hearing of appeals in family proceedings.

836. Reopening of final appeals in family proceedings.

11. Enforcement of Financial and other Orders

837. Enforcement in the Family Court; in general.

838. Application of Family Procedure Rules and of certain provisions of the Civil Procedure Rules.

839. Enforcement of undertakings; in general.

840. Exercise of court's powers in contempt proceedings arising out of non-compliance with occupation, non-molestation or forced marriage protection order.

841. Attachment of powers of arrest to occupation orders.

842. Offence of breaching non-molestation order.

843. Service of occupation order or non-molestation order on officer in charge of police station.

844. Arrest under powers attached to occupation order.

845. Arrest under warrant for breach of non-molestation order or breach of occupation order to which no powers of arrest attached.

846. Proceedings following arrest for breach of non-molestation order or occupation order.

847. Provisions as to remand where person has failed to comply with occupation order or non-molestation order.

848. Remand for medical examination and report where person has failed to comply with occupation order or non-molestation order.

849. Consideration of penalty for contempt of court in relation to occupation order or non-molestation order.

850. Hospital orders or guardianship orders where person in breach of occupation order or non-molestation order.

851. Offence of breaching a forced marriage protection order.

852. Arrest under warrant for non-compliance with forced marriage protection order.

853. Proceedings following arrest for non-compliance with forced marriage protection order.

854. Provisions as to remand of person arrested for non-compliance with forced marriage protection order.

855. Remand for medical examination and report where person arrested for non-compliance with forced marriage protection order.

856. Consideration of penalty for contempt of court in relation to forced marriage protection order.

857. Hospital orders or guardianship orders where person in breach of forced marriage protection order.

858. Enforcement of orders for the payment of money under the Family Procedure Rules.

859. Enforcement and apportionment where periodical payments are made under more than one order.

860. Enforcing agreements in financial orders.

861. Enforcing maintenance agreements.

862. Making of attachment of earnings orders in relation to maintenance payments.

863. Power to attach earnings to secure payments under maintenance orders.

864. Application for attachment of earnings order in the Family Court.

865. Variations where application for attachment of earnings order is made in the High Court.

866. Failure of debtor to attend hearing or refusal to be sworn or give evidence.

867. Effect of an attachment of earnings order for the enforcement of maintenance orders.

868. Meaning of 'earnings' for the purposes of the enforcement of maintenance orders.

869. Interrelation of attachment of earnings order with alternative remedies open to creditors.

870. Rate of deduction under an attachment of earnings order.

871. Reduction of normal deduction rate under an attachment of earnings order in certain cases.

872. Variation, lapse or discharge of attachment of earnings orders.

873. Cessation of attachment of earnings order made to secure maintenance payments.

874. Making of charging orders.

875. Application for a charging order.

876. Property which may be charged under a charging order.

877. Principles to be applied by the court when making a charging order.

878. Enforcement of a charging order by sale.

879. Restrictions on enforcing charging order imposed in respect of sum payable by instalments.

880. Stop orders.

881. Stop notices.

882. Court's power to make a third party debt order in order to enforce matrimonial or civil partnership order.

883. Court's power to order execution of document by nominated person.

884. Orders for examination of means where person is in default in respect of payments under a maintenance order.

885. Hearing of judgment summons and order for committal.

886. Court's powers to specify means by which periodical maintenance payments are to be made.

887. Court's powers on making qualifying periodical maintenance order.

888. Contents of means of payments order.

889. Revocation, suspension, revival or variation of means of payment order.

890. Appointment of receiver by way of equitable execution.

891. Scope of receivership.

892. Orders in family proceedings enforceable by sequestration.

893. Procedure for enforcement by writ of sequestration or corresponding Family Court warrant under the Family Procedure Rules.

894. Hearing of application for sequestration in relation to family proceedings.

895. Property capable of being seized under a writ of sequestration or corresponding Family Court warrant.

896. Discharge of a person in custody where a writ of sequestration or corresponding Family Court warrant has been issued.

897. Writs and warrants of control for taking control of goods.

898. Goods exempt from seizure under a writ or warrant of control.

899. Court's power to order up delivery of possession etc when making order for sale of property.

900. Enforcement etc of orders for payment of money.

901. Effect on certain orders of parties living together.

902. Injunctions and orders available to enforce financial relief.

903. Injunctions and interim remedies under the Family Procedure Rules.

904. Enforcement of maintenance orders by registration.

905. Enforcement of maintenance orders registered in the Family Court.

906. Application for registration of maintenance orders in the Family Court.

907. Effect of registration of maintenance order in the Family Court.

908. Variation of High Court orders registered in the Family Court.

909. Cancellation of registration of maintenance orders.

910. Registration of home rights and other property rights.

911. Reciprocal enforcement of maintenance orders; in general.

912. Application of the rules of limitation to enforcement proceedings; in general.

913. Enforcement of arrears more than 12 months old which are due under an order for financial provision.

914. Enforcement of interest on judgments and orders; in general.

915. Effect of enforcement proceedings on interest.

916. Enforcement of orders between the High Court and Family Court.

917. Limitation on the recovery of interest.

918. Lapse of claims, applications and orders on death of party.

919. Enforceability of financial orders generally following death of party.

920. Enforceability of particular orders following death of party.

921. Enforcement proceedings against bankrupt.

922. Restrictions on enforcement proceedings against bankrupt.

923. Enforcing orders for financial provision against a bankrupt.

924. Enforcement of financial order by bankrupt judgment creditor.

925. Effect on enforcement of financial orders of individual voluntary arrangements.

926. Bankruptcy as means of enforcement of an order in family proceedings.

927. Prohibition on assignment of or charge on forces' pay etc.

928. Financial order may not be enforced by execution against arms and equipment of service personnel.

929. Deductions of maintenance payments from pay of services personnel by court order.

930. Limits on Family Court's powers to commit for contempt of court.

931. Procedure for contempt of court in family proceedings.

932. Applications for contempt in family proceedings.

933. Contempt proceedings without a contempt application.

934. Procedure in contempt proceedings.