Practice and procedure

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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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20th Oct
Practice notes
Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...
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16th Oct
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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26th Sep
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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26th Sep
Practice notes
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,...
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26th Sep
Practice notes
This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...
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26th Sep
Practice notes
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
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26th Sep
Practice notes
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...
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26th Sep
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 >
26th Sep
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 >
26th Sep
Practice notes
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...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...
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25th Sep
Practice notes
Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...
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25th Sep
Practice notes
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),...
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25th Sep
Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Practice and procedure content

Practice notes
When is it necessary to instruct a psychiatrist?Psychiatrists are frequently asked to assess the protected person (P)’s capacity to make decisions...
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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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25th Sep
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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26th Sep
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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26th Sep
Precedents
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...
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26th Sep
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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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
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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26th Sep
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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27th Sep
Q&As
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...
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28th Sep
Q&As
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...
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28th Sep
Q&As
Deprivation of liberty proceedingsFor information on how to challenge an order restricting someone's freedom or to have the deprivation of P’s liberty...
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28th Sep

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