Practice and procedure

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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
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
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 Practice and procedure content

Practice notes
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....
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Applications to the Court of Protection (the court) are governed by the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection...
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9th Apr
Practice notes
For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before they could commence...
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9th Apr
Q&As
Under the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, r 19.5(3), the Court of Protection has the power to order that a party may recover...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Q&As
Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19) pandemic. These are addressed in...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
Practice notes
There are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable...
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15th Mar
Practice notes
The rules governing the service of documents in the Court of Protection are set out in Part 6 of the Court of Protection Rules 2017 (COPR 2017) and...
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15th Mar
Practice notes
This Practice Note considers when a litigation friend or an accredited legal representative (ALR) or other representative (known collectively as Rule...
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15th Mar
Practice notes
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...
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15th Mar
Practice notes
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...
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15th Mar
Practice notes
IntroductionThis Practice Note sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
Practice notes
Practice Direction 9D—Application by currently appointed deputies, attorneys and donees in relation to P’s property and affairs (PD 9D), made under...
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Produced in partnership with Thomson Snell & Passmore 5th Mar
Precedents
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...
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14th Feb
Precedents
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...
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14th Feb
Q&As
A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
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Produced in partnership with Graham Stott of gunnercooke LLP 5th Feb
Q&As
Practice Direction 19B (PD 19B) of the Court of Protection Rules 2017, SI 2017/1035, deals with fixed costs that can be claimed by solicitors acting...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Feb

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