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Procedural guide—applications under Schedule 1 to the Children Act 1989

Procedural guide—applications under Schedule 1 to the Children Act 1989 An application under Schedule 1 to the Children Act 1989 (ChA 1989) will proceed in accordance with the standard procedure, unless the application is for periodical payments only (ie no capital orders are sought). Similarly where an application is made to vary an order, the fast-track procedure will only apply if the application concerns the variation of a periodical payments order and no form of capitalisation is sought. See Practice Note: Fast-track (shortened) financial remedy procedure. An application under ChA 1989, Sch 1 is made in the Family Court and allocated to a district judge. See Practice Notes: Procedure—Schedule 1 to the Children Act 1989 and Issuing financial proceedings in Form A (standard procedure). This Procedural Guide is primarily concerned with applications under the standard procedure. The pre-action protocol and overriding objective defined in the Family Procedure Rules 2010 (FPR 2010) apply to applications under ChA 1989, Sch 1—see Practice Note: Financial proceedings—pre-application requirements—Pre-application protocol (FPR 2010, PD 9A, Annex)....

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Procedure—Schedule 1 to the Children Act 1989

This Practice Note sets out the procedural requirements in relation to an application under Schedule 1 to the Children Act 1989 (ChA 1989) for either capital or maintenance provision for a child. It considers the financial remedy procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, the court's powers to vary an order under ChA 1989, Sch 1 and the applicable costs rules.Applications under ChA 1989, Sch 1 are governed by FPR 2010. Although an order under ChA 1989, Sch 1 is a ‘financial remedy’, the proceedings are not 'financial remedy proceedings' as defined by FPR 2010, SI 2010/2955, 28.3(4)(b), and therefore the usual costs rule of no order as to costs does not apply—see: Costs in Schedule 1 cases. The fast-track (shortened) financial remedy procedure has, in the past, applied to all applications under ChA 1989, Sch 1. However only an application for an order for periodical payments only will be dealt with under the fast-track procedure. An application for a capital order, or an application for...

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Spousal and civil partner maintenance—client guide

Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...

Ireland—First board minutes—private company limited by shares

Ireland—First board minutes—private company limited by shares This is a precedent set of minutes of the first board meeting of the directors of a bespoke private company limited by shares. This Precedent should be amended to fit the circumstances of each individual case. COMPANY NUMBER: [insert number] [insert company name] LIMITED Minutes of a meeting of the board of directors (the Meeting) of [insert full name of company] (the Company) Some company boards may opt to hold their meeting on an electronic or virtual platform, or to hold a hybrid meeting where some participants gather in one or more physical locations, and others attend virtually. Companies may therefore wish to consider the most appropriate wording here. Attendance at the meeting As noted in relation to location, board meetings may take place in a physical and/or virtual context. The company’s constitution should be examined, and if necessary amended, to ensure that meeting formalities are constitutional. Pursuant to section 161(6) of the Companies Act 2014 (Ireland) (CA 2014 (IRL)), unless...