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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in

Enforcement of financial orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Practice notes

Enforcing children orders (private law)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

20th Oct

Practice notes

Procedure for an application for a non-molestation order

Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...

16th Oct

COVID-19

Practice notes

Child arrangements orders—residence

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

Leave to remove—external relocation

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

General principles—spousal and civil partner periodical payments

The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...

26th Sep

Practice notes

General principles of consent orders

This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...

26th Sep

Practice notes

Eligibility to apply under TOLATA 1996

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...

26th Sep

Practice notes

Service of applications for matrimonial and civil partnership orders within the jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

26th Sep

Practice notes

FPR 2010, Part 18 applications—procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

COVID-19

Practice notes

Child arrangements orders—contact

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

The ground for divorce

Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...

26th Sep

Practice notes

Family law training materials

In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...

26th Sep

Practice notes

Issuing financial proceedings in Form A (standard procedure)

The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...

25th Sep

COVID-19

Practice notes

Child arrangements orders

Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...

25th Sep

Practice notes

Case law relating to TOLATA 1996 claims

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...

25th Sep

Practice notes

Enforcing an order for sale

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...

Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Practice and procedure content

Practice notes

Instructing psychiatrists in the Court of Protection

When is it necessary to instruct a psychiatrist?Psychiatrists are frequently asked to assess the protected person (P)’s capacity to make decisions...

25th Sep

Practice notes

Comparison of Court of Protection Rules 2017 and Court of Protection Rules 2007

The Court of Protection Rules 2017 (COPR 2017), SI 2017/1035 were laid before Parliament on 30 October 2017 and came into force on 1 December 2017....

25th Sep

Practice notes

Court of Protection—short form applications under Practice Direction 9D

Practice Direction 9D—Application by currently appointed deputies, attorneys and donees in relation to P’s property and affairs (PD 9D), made under...

25th Sep

Practice notes

Court of Protection—reconsideration and appeals

IntroductionThis Practice Note sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis...

25th Sep

Practice notes

Making an application to the Court of Protection

Applications to the Court of Protection (the court) are governed by the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection...

25th Sep

Practice notes

Litigation friends and Rule 1.2 representatives in the Court of Protection

This Practice Note considers when a litigation friend or an accredited legal representative (ALR) or other representative (known collectively as Rule...

25th Sep

Practice notes

Summary of changes in Court of Protection Practice Directions, Rules and Forms from 1 July 2015 [Archived]

New Practice Directions and, in some cases, replacements to the Court of Protection Rules 2007 have been made with effect from 1 July 2015. As a...

26th Sep

Precedents

Letter to GP to complete COP3 in connection with statutory Will application

Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...

26th Sep

Precedents

Court of Protection—Position Statement

Case No. [insert][IN THE COURT OF PROTECTION][SITTING AT THE [Insert court] CIVIL JUSTICE CENTRE][IN THE MATTER OF THE MENTAL CAPACITY ACT 2005][IN...

26th Sep

Practice notes

Court of Protection—notification

Once the application form has been issued, the next step is for copies to be served and to notify the person who lacks capacity (P) and other...

26th Sep

Practice notes

Court of Protection—service of documents

BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

26th Sep

Practice notes

Court of Protection—allocation of proceedings

The Court of Protection Rules 2017 (COPR 2017) have the overriding objective of enabling the court to deal with a case justly and at proportionate...

26th Sep

Practice notes

Court of Protection—permission to apply

For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before they could commence...

26th Sep

Precedents

Letter to GP to complete COP3 in connection with deputyship application

Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...

27th Sep

Q&As

An individual (P), who is a beneficiary of their deceased father's Will, lacks capacity and P's two deputies are also the executors of the estate. A relative of P has requested a copy of the Will and Will file as P's litigation friend (as the executors/deputies are not appropriate to act) but the certificate of suitability provided has not been approved by the court. In a probate action, when does a certificate of suitability provided need to be approved by the court?

Where the deputy does not have the requisite power in the order appointing them, a litigation friend can be appointed either by a court order or...

28th Sep

Q&As

Are Court of Protection application fees payable where the client’s only funds are derived from a personal injury award and held under deputyship? Or are these funds disregarded when assessing means to pay the court fee?

We have assumed that the protected party is an adult.The rules relating to remissions and part remissions of Court of Protection fees are set out in...

28th Sep

Q&As

Having already applied to the Court of Protection to appoint a deputy, is there a further application that needs to be made to allow for the sale of the property of the person to whom the application relates?

This Q&A covers the position where the sale of the property would be non-contentious.When applying for an order from the Court of Protection to...

28th Sep

Q&As

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?

Deprivation of liberty proceedingsFor information on how to challenge an order restricting someone's freedom or to have the deprivation of P’s liberty...

28th Sep

Q&As

Where the sister of ‘P’ wishes to apply to the Court of Protection for an order authorising the execution of a statutory Will on behalf of P, does the sister require permission to apply? P does not have a deputy.

We refer you to Practice Note: Statutory Wills—Court of Protection applications, which explains that, since 1 July 2015...

28th Sep

Q&As

We are dealing with an application to the Court of Protection for approval to all past and future care payments and retrospective approval of a gift. We need to serve the application and supporting evidence to all persons named in the application. Which of the application documents need to be sent to the people to be served?

We refer you to the following Practice Notes which may be of assistance:•Making an application to the Court of Protection•Court of Protection—service...

28th Sep