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.
Get stuck into all areas of private children law, from fundamental principles to evidence and procedure. Plus subtopics to make sure practitioners have the relevant practical guidance at their fingertips.
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Family analysis: His Honour Judge Booth (sitting as a High Court judge) has confirmed in the clearest terms that the duty of full and frank disclosure...
The President of the Family Division, Sir Andrew McFarlane, has released Practice Guidance addressing the transition of cases from the national...
This week's edition of Family weekly highlights includes details of the Children’s Wellbeing and School Bill, updates to the MyHMCTS: How to use...
The Master of the Rolls has announced an update to Guideline Hourly Rates. These rates are used for summary assessment of court costs in England and...
The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and...
Family law training materialsIn addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced...
Online public law children proceedingsFamily Procedure Rules 2010 (FPR 2010), SI 2010/2955, 36.2 makes provision for Practice Directions to modify or...
The Pension Protection Fund and family proceedingsThis Practice Note sets out the criteria for the Pension Protection Fund to pay compensation to the...
International aspects of pensions on divorce etcThis Practice Note sets out different types of overseas pension plans and their features as well as...
Pensions and judicial separationThis Practice Note sets out the pension options in relation to judicial separation or separation proceedings, in which...
Retained EU law—training materials [Archived]ARCHIVED: This Precedent has been archived and is not maintained.These training materials consist of...
Letter of claim—family provision claimDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of...
Divorce (same–sex marriage)—client guide (post-DDSA 2020)This document provides general guidance regarding divorce procedure. Your family lawyer will...
Civil partnership—client guide (post-DDSA 2020)This document provides general guidance regarding civil partnership dissolution procedure. Your family...
Draft Part 8 Claim Form—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure...
The grounds on which a marriage is voidableOn 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into...
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...
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...
Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
Online divorce (pre-DDSA 2020)The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the...
Notice of actingCase number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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...
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
The definition of civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two...
The Courts and Tribunals Service Centre and divorce centresThe Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022....
Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide...
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...
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
A draft case management order must be discussed and prepared by the advocates and filed with the court (by the authority'>local authority advocate) no later than 11 am on the day before a case management hearing, further case management hearing or issues resolution hearing.
Refers to commencement of pension benefit payments from all or part of a pension scheme, as income and/or lump sum. Crystallising defined contribution benefits can trigger the money purchase annual allowance.
The Family Procedure (Amendment) Rules 2018, SI 2018/440 amended FPR 2010 with effect from 4 June 2018, primarily introducing new provisions as to ‘fast-track’ and ‘standard’ procedures in relation to applications for a financial remedy. The ‘fast-track’ provisions are expanded to cover a wider range of applications, including where the application relates, inter alia, to an application for a periodical payments order only under Matrimonial Causes Act 1973 (MCA 1973), Civil Partnership Act 2004 (CPA 2004) or Schedule 1 to the Children Act 1989 (ChA 1989). Prior to 4 June 2018, the accelerated/shortened procedure applied more widely to an application for the variation of an order for a financial remedy, while the fast-track procedure is now limited to an application for variation of an order for periodical payments only (with exceptions). The procedure for what was previously referred to as the shortened or accelerated procedure, and is now the ‘fast-track’ procedure, is also partially amended. The changes apply only to proceedings issued on or after 4 June 2018.