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Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust);...
This week's edition of the Family weekly highlights includes analysis of the new Pension Schemes Bill and consideration of Hadkinson and unless orders...
Family analysis: The court was concerned with the failure of one party, the husband, to comply with a legal services payment order (LSPO) made in...
This week's edition of Family weekly highlights includes details of the latest Online Procedure Rule Committee meeting minutes and the evidence given...
This week's edition of Family weekly highlights includes details of a speech by Mr Justice Nicklin on open justice and details of the Migration...
The duty of disclosure in financial proceedingsThis Practice Note provides guidance on the ongoing duty of full and frank disclosure in financial...
Preparation of Form EThis Practice Note provides guidance on the completion of a financial statement in Form E, including the information and...
Standard directions on an application in Form AThis Practice Note sets out the directions to be complied with after the issue of an application in...
The needs of the partiesThis Practice Note sets out the statutory requirement for the court to take into account the needs of the parties in...
Private financial dispute resolution appointments and early neutral evaluationThis Practice Note provides guidance on private financial dispute...
Appointment of a guardian—client guideThis document provides general guidance regarding the appointment of a guardian for a child. Your family lawyer...
Retained EU law—training materials [Archived]ARCHIVED: This Precedent has been archived and is not maintained.These training materials consist of...
Cohabitant claims under the Trusts of Land and Appointment of Trustees Act 1996—client guideThis document provides general guidance regarding the...
Standard order 1.2—financial directions order—shorter versionIn the Family Courtsitting at [Court name]Case No: [Case number][The Matrimonial Causes...
Letter enclosing draft financial statement in Form E[insert date]Dear [insert client’s name]I enclose a draft financial statement in Form E. Please...
Procedure—Schedule 1 to the Children Act 1989This Practice Note sets out the procedural requirements in relation to an application under Schedule 1 to...
Applications under the Protection from Harassment Act 1997This Practice Note explains the six criminal offences that may be committed under the...
Striking out a statement of caseThis Practice Note explains the court's power to strike out a statement of case. It summarises the grounds on which a...
The grounds on which a marriage is voidA void marriage is one that will be treated by the court as never having taken place. The grounds on which a...
Sequestration (confiscation of assets) within contempt proceedingsSequestration is a process for dealing with a contempt of court that would be...
Application to vary, extend or discharge a non-molestation or occupation orderUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an...
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
Pre-nuptial agreements—client guideThis document provides general guidance regarding pre-nuptial agreements. Your family lawyer will be able to...
Steps to take after a client meetingFile noteA file note (also known as an attendance note) should be prepared immediately after the first interview,...
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...
Non-molestation ordersUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from...
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...
The factual background in response to that set out by the pursuer in their initial writ or summons, and the factual background to the orders sought by the defender.
With effect from 22 April 2014, residence orders are now called 'child arrangements orders' as a result of changes introduced by the Children and Families Act 2014.
The process by which a court document is sealed by the court and approved for service in the Court of Session.