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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This week’s edition of the Family weekly highlights includes details of the latest minutes from the Family Procedure Rule Committee meeting and...
Private Client analysis: The court held that SM’s supported-living arrangements did not amount to an objective deprivation of liberty under Article 5...
Restructuring & Insolvency analysis: The Family Court held that a declaration of trust transferring the former husband’s remaining UK property to his...
This week’s edition of the Family weekly highlights includes details of the Courts and Tribunals Judiciary’s recently issued Practice Note on changes...
The Courts and Tribunals Judiciary has issued a Practice Note on changes to CE-File, the title of proceedings and the neutral citation of judgments in...
This Practice Note is intended for private-sector commercial organisations in the UK. It sets out expectations of the Information Commission’s Office...
This Practice Note is based on the UK General Data Protection Regulation (UK GDPR) and consent guidance published by the Information Commission’s...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At this point, the withdrawal period under Article 50 TEU...
This Practice Note describes the law of electronic signatures (also known as digital signatures, e-signatures, E-Signatures, eSignatures, paperless...
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
This document provides general guidance regarding the steps to take after reaching a financial agreement in order to obtain a court order to reflect...
Dear [insert name of GP or other appropriate capacity assessor]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed...
Dear [insert name of GP or other appropriate capacity assessor]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed...
1IntroductionThis is a letter of instruction to you to act as a single joint expert in financial remedy proceedings relating to divorce proceedings...
STOP PRESS: On 1 October 2026 a newly formed Business and Property Division replaced the Chancery Division—see News Analysis: The new Business and...
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...
A by-order hearing (now also sometimes referred to as a case management hearing) is a procedural hearing in the Court of Session. In England and Wales such a hearing is referred to as a directions appointment or hearing.
A child arrangements order means an order relating to: with whom a child is to live, spend time or otherwise have contact with, and when a child is to live, spend time or otherwise have contact with any person.
The factual background to the orders sought by the pursuer in their initial writ or summons.