Family Law

In family law, half the battle is keeping on top of the latest case law, legislation, precedents and forms. LexisPSL Family brings everything together for you online, in one place. So you can get up to speed faster, with more time to spend on your clients.

Our clear, concise practice notes and news reports give you an expert view – with direct links to the most authoritative sources, including the All England Law Reports, Family Court Reports and extracts from Butterworths Family Law Service. On everything from relationship breakdown, cohabitants and children law to financial provision, international family law and enforcement. And our up-to-date editable PDF forms and Smart Precedents (including detailed consent orders and marital agreements) take less time to draft.

So you can be confident you’re giving the right advice, even when you’re outside your comfort zone. And you’re free to spend more time focusing on rewarding work that makes a real difference.

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Practice notes

Precedents

Q&As

News

Latest Family News

Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

The following Family news provides comprehensive and up to date legal information on Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

The following Family news provides comprehensive and up to date legal information on Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

The following Dispute Resolution news provides comprehensive and up to date legal information on Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit: policy paper for cross-border framework—an EU perspective

The following Arbitration news provides comprehensive and up to date legal information on Brexit: policy paper for cross-border framework—an EU perspective

Featured Family content

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

9th Nov

Practice notes

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent Family content

Q&As

On an application for a top-up child maintenance order under Schedule 1 to the Children Act 1989, can the court take into account that the non-resident parent lives with their wealthy parents and has no day-to-day living costs and significant inheritance prospects?

An application can be made to the court for a 'top-up' maintenance order where a maintenance calculation has been undertaken by the Child Maintenance...

21st Jan

Q&As

When a petitioner has presented a petition for judicial separation, can the respondent present their own petition for a divorce before the judicial separation proceedings have concluded?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.14 makes provision for a respondent in proceedings for a matrimonial order to file their...

21st Jan

Q&As

An order made by consent provides for maintenance to be paid to the parent with care for the benefit of the child until the child reaches the age of 18 or finishes their secondary education (whichever is later), and thereafter for the maintenance to be paid directly to the child until they finish their tertiary education. In the event of the payer defaulting in relation to payments direct to the child, how can the order be enforced? Can it be enforced on behalf of the child, or can the child enforce the order even where they were not a party to the original order?

An order made within financial remedy proceedings between divorcing spouses may make provision for periodical payments to be paid by one party to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 21st Jan

Practice notes

Jurisdictional issues in children proceedings

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

21st Jan

Practice notes

Jurisdiction for petitions for dissolution and separation orders for civil partners

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

21st Jan

Practice notes

Jurisdiction for petitions for divorce and judicial separation

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

Produced in partnership with David Salter, deputy High Court judge and Recorder 21st Jan

Practice notes

Domicile and habitual residence

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

Produced in partnership with David Salter, deputy High Court judge and Recorder 21st Jan

In-house

Practice notes

Digital assets on incapacity and death

Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...

Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 21st Jan

Practice notes

Brexit legislation tracker

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

21st Jan

Brexit

Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 21st Jan

Practice notes

Judicial review time limits—extensions and urgent cases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

21st Jan

Practice notes

Judicial review—time limits and the pre-action protocol

When considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 21st Jan

Practice notes

Judicial review—what it is and when it can be used

What is judicial review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 21st Jan

Practice notes

Brexit—exiting the EU under Article 50 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains guidance on subjects relevant prior to/during the...

20th Jan

Brexit

Practice notes

Valuing pension rights in family proceedings

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

20th Jan

Practice notes

Pensions on divorce—issues for pension trustees

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with David Lockett of Actuaries for Lawyers 20th Jan

Practice notes

Jurisdiction EU

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

Produced in partnership with David Salter, deputy High Court judge and Recorder 20th Jan

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...

20th Jan

Brexit

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 20th Jan

Practice notes