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On 16 July 2025, the Master of the Rolls and Lord Justice Birss gave speeches at an event hosted by the Ministry of Justice and The Law Society. The...
This week's edition of the Family weekly highlights includes analysis of the Court of Appeal’s decision on post-adoption contact and consideration of...
Local Government analysis: This Court of Appeal judgment provides a reminder to judges when making final care orders (or declining to do so as in this...
Family analysis: The Court of Appeal judgment in Re S (Placement Order Contact) carefully considers the court’s approach to contact between siblings...
This week's edition of the Family weekly highlights includes analysis of the Supreme Court decision in Standish v Standish on matrimonialisation and...
ReceivershipThe High Court has a general power to appoint a receiver by virtue of section 37 of the Senior Courts Act 1981 (SCA 1981). SCA 1981, s...
Service of documents in family proceedings outside the jurisdiction (pre-DDSA 2020)This Practice Note provides guidance on service of documents in...
Procedure for an application for a non-molestation orderApplicationsA non-molestation order under the Family Law Act 1996 (FLA 1996) can only be...
Writ or warrant of deliveryA writ of delivery (High Court) or warrant of delivery (Family Court or County Court) may be used to enforce an order that...
Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...
Making a deputyship application—client guideThis document provides general guidance about making an application to appoint a deputy, explaining when...
Letter to GP or other appropriate assessor to complete COP3 in connection with statutory Will applicationDear [insert name of GP or other appropriate...
Court of Protection—Position StatementCase No. [insert][IN THE COURT OF PROTECTION][IN THE MATTER OF THE MENTAL CAPACITY ACT 2005][IN THE MATTER OF...
Letter of claim—family provision claimDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of...
Letter to GP or other appropriate assessor to complete COP3 in connection with deputyship applicationDear [insert name of GP or other appropriate...
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...
'Paternity' is the legal status of a man as the father of a child.
An agreement between a client and a solicitor providing for delayed payment for work undertaken by the solicitor by way of an assisgment of rights in assets to be secured.
Whereby the annual allowance is progressively reduced for those with adjusted income over £150,000 pa and from 2020/21, £240,000 pa.