Decision making in respect of property and affairs

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Practice notes
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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19th May
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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19th May
Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May
Practice notes
Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...
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19th May
Practice notes
Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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19th May
Practice notes
Forced marriage protection ordersWhen sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16...
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19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...
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19th May
Practice notes
The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...
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19th May
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
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
Practice notes
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May
Precedents
To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...
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19th May

Most recent Decision making in respect of property and affairs content

Q&As
Does any case precedent exist that can be cited to support an application for authority to purchase property, included as part of an initial...
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Produced in partnership with Graham Stott of gunnercooke LLP 1st Aug
Q&As
What is the appropriate protocol where the tenant in question may not have mental capacity to contract or litigate in relation to the termination of...
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1st Aug
Q&As
Can a Scottish Guardianship Order be used in relation to the sale of a property situated in England?The international jurisdiction of the Court of...
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1st Aug
Q&As
Can a notice of severance of a joint tenancy over a bank account or investment be validly served on a joint tenant who has lost capacity? There is no...
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1st Aug
Q&As
If a residential tenant lacks mental capacity, how should a landlord serve a valid notice to quit or notice seeking possession on that tenant?Under...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
What is the procedure where a person who lacks capacity wishes to sell property that they co-own with another person?We assume that the co-owner also...
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1st Aug
Q&As
Does a deputy appointed by the Court of Protection have the right to serve a notice severing a joint tenancy on behalf of the person lacking...
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1st Aug
Q&As
Can I make a Will for an elderly client in my capacity as his Court of Protection Deputy for property and financial affairs?I have recently been...
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1st Aug
Q&As
Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to...
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Produced in partnership with Graham Stott of gunnercooke LLP 1st Aug
Q&As
Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?The international jurisdiction of the...
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1st Aug
Q&As
Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements...
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1st Aug
Q&As
Can a joint tenancy be severed if the co-owner has lost capacity?This Q&A is relevant to a situation in which the person lacking capacity has an...
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1st Aug
Q&As
Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?We refer you to COP GN2...
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1st Aug
Q&As
Is it possible to sever a joint tenancy and create a tenancy in common of registered property where the fellow co-owner lacks mental capacity?Practice...
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1st Aug

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