Comprehensive coverage of all aspects of financial provision, from underlying principles considered by the court to applications under specific legislation. Not forgetting in-depth practical guidance on specialist areas.
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Local Government analysis: The High Court dismissed the local authority’s application to deprive a 17-year-old child’s liberty for a further six...
The HM Courts and Tribunals Service (HMCTS) FPL service team commissioned user research to understand how the Form C110a application journey may be...
Family analysis: In a series of three judgments, His Honour Judge Hess (sitting as a deputy High Court judge), in complex and high value divorce...
HM Courts and Tribunals Service (HMCTS) has issued release notes for legal representatives and local authorities regarding provision for counsel to be...
This week's edition of the Family weekly highlights includes analyses of non-disclosure in the context of pre-nuptial agreements, a checklist for the...
Costs in family proceedingsThis Practice Note provides guidance on the rules regarding costs in family proceedings, the application of the Family...
Acquisition of parental responsibility by step-parents and othersThis Practice Note explains how a step-parent may acquire parental responsibility for...
Wasted costsThis Practice Note explains wasted costs orders in family proceedings including the relevant test applied by the courts and the required...
Application for decree nisi—nullity (pre-DDSA 2020)This Practice Note explains how to apply for a decree nisi in proceedings for nullity (application...
Assessment of costsThis Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed...
Letter enclosing finalised financial statement in Form E[insert date]Dear [insert client’s name]I enclose your completed Form E. Please read it...
Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuationTo: Newcastle Pension...
Letter of claim—family provision claimDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of...
Cohabitation contractThis Deed is made the [insert date and month] 20[insert year]Parties1[Insert name of first party] of [insert address of first...
Financial applications to the court—client guide (standard procedure)This document provides general guidance regarding an application to court to...
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...
An anchor statement is a statement within the collaborative process in family cases setting out the parties' aims and goals.
The Family Procedure (Amendment) Rules 2018, SI 2018/440 amended FPR 2010 with effect from 4 June 2018, primarily introducing new provisions as to ‘fast-track’ and ‘standard’ procedures in relation to applications for a financial remedy. The ‘fast-track’ provisions are expanded to cover a wider range of applications, including where the application relates, inter alia, to an application for a periodical payments order only under Matrimonial Causes Act 1973 (MCA 1973), Civil Partnership Act 2004 (CPA 2004) or Schedule 1 to the Children Act 1989 (ChA 1989). Prior to 4 June 2018, the accelerated/shortened procedure applied more widely to an application for the variation of an order for a financial remedy, while the fast-track procedure is now limited to an application for variation of an order for periodical payments only (with exceptions). The procedure for what was previously referred to as the shortened or accelerated procedure, and is now the ‘fast-track’ procedure, is also partially amended. The changes apply only to proceedings issued on or after 4 June 2018.
An order giving jurisdiction to the court to vary child maintenance.