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Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Property rights content

Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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20th Apr
Practice notes
Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in...
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25th Mar
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 17th Mar
Q&As
Proceedings under the Trusts of Land and Appointment of Trustees Act 1996 are dealt with under the Civil Procedure Rules 1998 (CPR), not the Family...
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Produced in partnership with Paul Infield of The 36 Group 15th Mar
Q&As
Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court, on the application of any person who is a...
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5th Mar
Practice notes
There are a number of circumstances in which the costs provisions of the Civil Procedure Rules 1998 (CPR), SI 1998/3132 will apply to proceedings...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 2nd Mar
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings in England and Wales during the coronavirus (COVID-19)...
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2nd Mar
Practice notes
Pre-action protocolThere is no specific pre-action protocol relating to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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2nd Mar
Precedents
UPON HEARING [counsel OR solicitor] for the claimant and [counsel OR solicitor] for the defendant:Declaration of trust in relation to a property[IT IS...
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14th Feb
Q&As
Personal belongings are viewed as chattels by the courts. Ideally, the division of chattels should be agreed by way of a schedule denoting the...
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13th Feb
Q&As
Despite the persisting belief, there is no legal concept of a ‘common law’ husband or wife. Therefore, unmarried parties who may occupy a property for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As
The potential payment of an occupation rent arises mainly in cohabitant cases. Such issues were determined by the equitable principles but are now...
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13th Feb

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