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Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the

The no order principle

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

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of

Practice notes

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...

15th Oct

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

12th Oct

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Oct

Practice notes

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...

9th Oct

COVID-19

In-house

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

26th Sep

Practice notes

Void and voidable marriages

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...

26th Sep

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

26th Sep

Practice notes

The grounds on which a marriage is voidable

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...

26th Sep

Practice notes

Emergency prohibited steps and child arrangements orders

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

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

26th Sep

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

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

Statements of truth in family proceedings

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...

26th Sep

Practice notes

Working with counsel

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...

26th Sep

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

26th Sep

Practice notes

The grounds on which a marriage is void

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...

25th Sep

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

25th Sep

Most recent The Court of Protection and supporting services content

Practice notes

Powers of the Court of Protection

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...

25th Sep

Practice notes

The Public Guardian

The Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. The holder of the role of Public Guardian is also chief...

25th Sep

Practice notes

Public Guardian and Court of Protection fees and fixed costs

Fees for applications to the Office of the Public GuardianThe fees to be paid in respect of applications, etc to the Office of the Public Guardian...

25th Sep

Practice notes

The Official Solicitor

The Official Solicitor (OS) is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff includes a number of...

25th Sep

Practice notes

Court of Protection Visitors

The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of...

25th Sep

Practice notes

Privacy, confidentiality and transparency in the Court of Protection

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

International issues relating to the protection of vulnerable adults

Hague Convention XXXV on the International Protection of Vulnerable AdultsThe Hague Convention XXXV on the International Protection of Vulnerable...

27th Sep

Q&As

What is the procedure to approve an Israeli order for guardianship in the UK? The protected person lives in Israel but the assets are situated in the UK.

We refer you to Practice Note: International issues relating to the protection of vulnerable adults, which explains that the international...

28th Sep

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 Protection is governed by section 63 of the Mental Capacity Act 2005 (MCA 2005) and MCA 2005, Sch 3....

28th Sep

Scottish Law

Q&As

How does the coronavirus (COVID-19) outbreak impact on transparency orders in the Court of Protection?

How does the coronavirus (COVID-19) outbreak impact on transparency orders in the Court of Protection?Mr Justice Hayden issued guidance on remote...

28th Sep

COVID-19

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 Court of Protection is governed by Schedule 3, Part 2 of the Mental Capacity Act 2005 (MCA 2005). The UK is a...

28th Sep

Q&As

Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?

An application in accordance with the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, 23.4, which provides that the application is to be...

Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep

Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

You may find Lexis®PSL Property Practice Note: Buying land from trustees (including co-owners) helpful in relation to the sale of property by...

28th Sep

Q&As

If a person who lacks capacity resides in India, would the Court of Protection have any jurisdiction to appoint a deputy, if there is potential for the person to move to the UK?

In answering this Q&A, we refer you to Practice Note: International issues relating to the protection of vulnerable adults, which sets out in detail...

28th Sep

Q&As

What is the process for paying a sum due to a residuary beneficiary into the Court Funds Office?

Payments to the Court Funds Office should be made in accordance with the Court Funds Rules 2011, SI 2011/1734, Pt 2—Deposit of Funds in Court....

28th Sep

Q&As

How does the Court of Protection fix costs for applications for the appointment of a deputy for health and welfare?

The rules governing costs in the Court of Protection differ for property and affairs, and health and welfare applications.The general rule applying to...

28th Sep

Q&As

A property and affairs deputy wishes to sell overseas properties held by P but their deputyship order does not include authority to sell P’s property. Would an order by the Court of Protection authorising the deputy to sell the properties automatically be valid in the foreign jurisdiction or would it be necessary to ascertain what the authorities in the other jurisdiction would require in order for the properties to be sold?

The Practice Note: International issues relating to the protection of vulnerable adults explains that the UK is a signatory to the Hague Convention on...

29th Sep