General principles

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Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
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...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent General principles content

Q&As
Can the costs or court fees of the detailed assessment process be included in the bill of costs?The relevant costs provisions are set out in the...
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18th Aug
Q&As
Where an order is made for a respondent to pay the petitioner's costs of the divorce suit, when is the costs order payable, and how can it be...
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18th Aug
Q&As
Are there any steps that need to be taken when seeking a costs order against someone who has the benefit of a legal aid certificate? For example, does...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug
Q&As
At what stage should a respondent who objects to paying the costs of divorce proceedings attend court to oppose an order for costs?On an uncontested...
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18th Aug
Q&As
What is the regime on costs for an application to vary a school fees order? Do Calderbank or without prejudice save as to costs letters have any...
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18th Aug
Q&As
What is the procedure to pursue costs following an order made on pronouncement of decree nisi where costs cannot be agreed?Family Procedure Rules 2010...
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18th Aug
Q&As
Can an order for costs in divorce proceedings be set aside?It is ordinarily the case in family proceedings (save for certain excluded types of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
What types of costs orders can be made in family proceedings?What are the key costs provisions for family proceedings?The main costs provisions for...
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18th Aug
Practice notes
Costs in family proceedingsGeneral principlesThe relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Calderbank offers in family proceedingsA Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank...
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18th Aug
Practice notes
Wasted costsMisconduct and wasted costs ordersA wasted costs order is an order:•that a legal representative pay a sum (either specified or to be...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Security for costs in family proceedingsThe provisions for security for costs in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 20.6 provide...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Implications of legal aidFailure to advise on legal aid eligibility may amount to negligence, even where a firm does not carry out legal aid work, and...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th Aug

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