General principles

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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
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
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...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
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
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
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
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
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
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
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
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
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
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...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent General principles content

Practice notes
A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will...
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26th Apr
Practice notes
General principlesThe relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and FPR 2010, PD 28A....
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 21st Apr
Practice notes
Misconduct and wasted costs ordersA wasted costs order is an order:•that a legal representative pay a sum (either specified or to be assessed) in...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr
Practice notes
Failure to advise on legal aid eligibility may amount to negligence, even where a firm does not carry out legal aid work, and a client’s potential...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr
Practice notes
The provisions for security for costs in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 20.6 provide that a respondent to any application may...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 20th Apr
Q&As
The relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and the related Practice Direction, FPR...
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13th Feb
Q&As
On an uncontested application for a matrimonial order, the applicant may apply for their costs. Respondents may not wish to challenge the application...
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13th Feb
Q&As
It is ordinarily the case in family proceedings (save for certain excluded types of application) that each party bears their own costs. While the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As
What are the key costs provisions for family proceedings?The main costs provisions for family proceedings are set out in Part 28 of the Family...
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13th Feb
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20(3), provides that in divorce proceedings:'If the applicant has applied for costs, the court...
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27th Jan
Q&As
In family proceedings, it is often the case that each party pays their own costs of litigation and it is only usually where a party has acted...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan
Q&As
CostsFamily Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20(3), provides that in divorce proceedings:'If the applicant has applied for costs, the...
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28th Nov
Q&As
CPR 44.2(2) provides that if the court decides to make an order about costs, the general rule is that the unsuccessful party will be ordered to pay...
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28th Nov

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