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 Sir Andrew McFarlane’s retirement as President of the Family Division, the...
HM Courts and Tribunals Service (HMCTS) has published a release note confirming that solicitors can now update their own contact details on the...
Family analysis: The Court of Appeal’s judgment in Re B-A (Placement Order and Contact Order) considered the local authority’s application to appeal...
Family analysis: In ‘Father’ v ‘Mother’ (The Secretary of State for Justice and others, intervening) and other cases, the Court of Appeal considered...
This week's edition of the Family weekly highlights includes details of the second Family Procedure Rules 2010 (FPR 2010) Practice Direction Update of...
This Practice Note explains the differences between financial orders and financial remedies as provided for in the Family Procedure Rules 2010 (FPR...
This Practice Note provides guidance on private financial dispute resolution appointments (FDRs), or early neutral evaluation (ENE). It considers...
IntroductionThe body of domestic law derived originally from EU obligations and established by the European Union (Withdrawal) Act 2018 (EU(W)A 2018)...
This Practice Note provides practical guidance for a local authority charged with producing a threshold document for care proceedings. It covers the...
This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks...
Dear [insert client name]Costs estimate to final hearingAs we have now had the financial dispute resolution (FDR) appointment on [insert date], I am...
Dear [insert client’s name]FinancesI confirm that your application for a financial order (Form A—Notice of [intention to proceed with] a financial...
This document provides general guidance regarding applications for adoption by step-parents. Your family lawyer will be able to provide specific...
This document provides general guidance for grandparents regarding an application for a child arrangements order that makes provision for contact with...
This document provides general guidance regarding an application for financial provision after overseas divorce under Part III of the Matrimonial 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...
The collaborative process involves the instruction by each party of a collaborative lawyer and the entering into of a collaborative participation agreement.
Describes a pension credit where the pension member has taken benefits prior to the pension sharing order so that no tax-free lump sum is available to the pension creditee.
A Primary Principles document was issued in January 2022, superseding the Good Practice Protocol previously issued in November 2019, in relation to the Financial Remedies Court. The Primary Principles document makes provision as to procedure and allocation in the Financial Remedies Court.