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This week's edition of the Family weekly highlights includes details of updated guidance issued by the Bar Standards Board on the use of artificial...
Private Client analysis: The case involved an application by the family of an incapacitated patient regarding the lawfulness of his clinicians’...
Family analysis: The Supreme Court has considered whether there is jurisdiction to set aside a validly made adoption order other than by way of an...
The Bar Standards Board (BSB) has issued updated guidance on the use of artificial intelligence (AI) and other technologies by barristers. The...
Family analysis: The High Court in Confidential Prospective Adopters v BM and others refused a birth mother’s application for disclosure of the full...
This Practice Note provides guidance on contested online applications for financial remedies, including the key principles of FPR 2010, PD 41H,...
Parties who live together may regulate the terms of their cohabitation by entering into a cohabitation contract. It is prudent to do so to ensure...
This Practice Note covers the principles for handling personal data that form the core of the United Kingdom General Data Protection Regulation,...
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
Great care should be taken when dealing with an application to preserve assets. An ill-conceived, badly prepared application or one that does not...
In the Family Courtsitting at [Court name]Case No: [Case number]ORDERBefore [name of judge] in private on [date] at a [type of hearing].1The following...
This document provides general guidance regarding alternatives to court in family law matters including the requirement to attend a mediation...
This document provides general guidance regarding cohabitation agreements. It explains what a cohabitation agreement is, why you might want to make...
Dear [insert client name]FinancesI enclose a copy of the order made by [deputy] [district] judge [insert name] at the first appointment at the [insert...
Case No. [insert][IN THE COURT OF PROTECTION][IN THE MATTER OF THE MENTAL CAPACITY ACT 2005][IN THE MATTER OF [Insert name of P]]BETWEEN:[Insert name...
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 agreement entered into by the parties whereby they agree to resolve issues via the collaborative process.
The Law Commission recommended in its 2014 report on matrimonial property, needs and agreements (Law Com No 343), that legislation be enacted to introduce qualifying nuptial agreements (QNAs)—a new form of contract, subject to requirements as to their formation, to enable couples to make contractual, enforceable arrangements about the financial consequences of divorce/dissolution. The government’s final response to the proposals is awaited. See News Analysis: Family lawyers respond to Law Commission’s report on Matrimonial Property, Needs and Agreements.
An adjustment applied when calculating an offsetting figure to reflect the advantages of receiving cash now instead of pension benefits later. The resulting value is called the ‘utility value’.