David Salter

This Practice Note sets out the requirements in family proceedings when appealing to the Court of Appeal or to the Supreme Court, including provisions in relation to permission, bundles, second appeals and costs. It details the applicable provisions in the Civil Procedure Rules 1998 and reflects the changes to appeals to the Supreme Court that came into effect on 2 December 2024.

This Practice Note details the general principles and procedure to be applied in relation to appeals in family proceedings and wider issues including applications within appeals, the reopening of final appeals, powers of strike out and costs. It details key provisions of Part 30 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 30A as well as applicable provisions in the Civil Procedure Rules 1998.

This Practice Note sets out the circumstances in which there is a requirement for permission (leave) to appeal an order made in family proceedings together with guidance on appeal notices, documents required, filing and service, and reflects the changes to appeals that came into effect on 3 October 2016.

This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) to restrain future dealings of financial assets in family proceedings where the applicant believes that a party may take steps to frustrate their financial claim.

This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (or the Civil Partnership Act 2004 equivalent) to set aside a financial transaction to a third party in family proceedings where the applicant believes the transaction was made so as to defeat their financial claim.

This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks at assessment on the standard basis and the indemnity basis in private proceedings, publicly funded costs, the authority to assess and when, and the procedure to deal with points of dispute and default costs certificates.

This Practice Note sets out the requirements and procedure in relation to enforcement of a maintenance order made in the Family Court or the High Court by way of an attachment of earnings order. It details the provisions of the Attachment of Earnings Act 1971 and Part 39 of the Family Procedure Rules 2010 (FPR 2010) as to debts capable of enforcement and the applicable procedure, including who can apply, where the application should be issued, and variation, lapse and discharge of the order. It also looks at the consequences of failure to comply with an order and the cost implications of an order being made.

This Practice Note sets out the requirements to enforce an order made in family proceedings by way of a charging order as provided for by the Charging Orders Act 1979. It includes details of debts that can be enforced, assets that can be charged and enforcement by sale. It also sets out the procedure to be adopted in accordance with Part 40 of the Family Procedure Rules 2010 (FPR 2010) and FPR 2010, PD 40A.

This Practice Note examines the development of the role of choice of court agreements in the family jurisdiction in England and Wales and the impact of Brexit upon this type of agreement. It looks at choice of court agreements in the broader context of jurisdiction both prior to and following Brexit, where it may be possible to choose a jurisdiction or seek to transfer proceedings.

This Practice Note provides guidance on the rules regarding costs in family proceedings, the application of the Family Procedure Rules 2010 (FPR 2010) and the Civil Procedure Rules 1998 (CPR 1998), and factors taken into account by the court in determining costs including conduct and offers of settlement. It also considers costs on divorce or dissolution (both prior to and after the coming into effect of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) on 6 April 2022), the types of costs orders that may be made by the court, costs in relation to litigants in person and costs orders against non-parties.

This Practice Note provides a summary of the rules in relation to costs in proceedings for a financial remedy within divorce or civil partnership proceedings that are subject to the Family Procedure Rules 2010 (FPR 2010), or in financial proceedings that are subject to the Civil Procedure Rules 1998 (CPR 1998).

This Practice Note looks at the treatment of cryptoassets such as Bitcoin in family law proceedings, as well as how cryptocurrencies work and their legal and tax status. The approach to cryptoassets within family proceedings is also considered, including as to tracing and disclosure, valuation, expert evidence and preservation and enforcement.

This Practice Note deals with the circumstances in which an application may be made under the Presumption of Death Act 2013 that a missing person has died, or has not been known to be alive for a period of at least seven years. Such a declaration is effective against all persons and for all purposes, including for the purposes of the acquisition of an interest in any property, and the ending of a marriage or civil partnership to which the missing person is a party. The provisions of the Guardianship (Missing Persons) Act 2017 are also considered.

This Practice Note sets out the procedure and approach to obtaining a disclosure or inspection order regarding a non-party to family proceedings under the provisions of the Family Procedure Rules 2010 (FPR 2010), including case law examples. It also details other procedures whereby a disclosure order may be made, and the implications of a claim of public interest immunity.

This Practice Note deals with the determination, and different types, of domicile, including domicile of origin, choice, and dependence, in the context of family proceedings, and provides guidance on how the court will determine domicile and its impact on proceedings. It further details the determination of habitual residence, including that of a child, and relevant case law. The implications of Brexit, including transitional provisions, are also considered.

This Practice Note sets out specific considerations where an order made in family proceedings is enforced against a company or trust, commonly known as ‘piercing the corporate veil’, including in cases involving a foreign jurisdiction. It also considers when it may be appropriate to add a trustee, beneficiary or company director as a party to the proceedings.

This Practice Note provides practical guidance on international and reciprocal arrangements in financial proceedings in countries outside the EU, including countries that are signatories to the Hague Convention 2007, Commonwealth countries and the United States of America. It also addresses the position post-Brexit as to enforcement in EU Member States after 31 December 2020 where transitional arrangements provided for by the Jurisdiction and Judgment (Family) (Amendment etc) (EU Exit) Regulations 2019, SI 2019/519, reg 8(2) (as amended) do not apply.

This Practice Note details initial considerations when considering the enforcement of a financial order made in family proceedings, including the applicable rules for each method of enforcement under both the Family Procedure Rules 2010 (FPR 2010) and the Civil Procedure Rules 1998 (CPR 1998). It also provides guidance on orders that may be made where a party is in contempt, such as a Hadkinson order, and when interest may be payable in relation to a financial order.

This Practice Note sets out the methods of enforcement available to enforce an order made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. It details the steps to be taken following an order for sale where one party fails to execute a conveyance together with the procedure to be followed and explains the procedure to be followed on an application to commit for contempt of court.

This Practice Note provides guidance on the enforcement of an undertaking either for the payment of money, or to do or abstain from doing any act other than the payment of money. It also considers the requirements in contempt proceedings as to the breach of an undertaking.