Under the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with...
Great care should be taken when dealing with an application to preserve assets. An ill-conceived, badly prepared application or one that does not carefully follow...
Setting aside Where a party considers that the other party has disposed of assets to a third party so as to defeat their claims in financial proceedings within divorce or...
Where clients are unable to avail themselves of the provisions of the Family Law Act 1996 (FLA 1996) because they do not satisfy the criteria or eligibility, then their...
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts...
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts...
While a victim of crime can bring a civil claim for damages for personal injuries against an attacker, this is only worthwhile if the prospective defendant has the means...
What is domestic abuse? There is no statutory offence of domestic violence or domestic abuse, however, it generally refers to any incident of controlling, coercive or...
Time periods for lodging the application A claimant has two years from the date of the incident to apply for compensation. Under the Criminal Injuries Compensation Scheme...
Child arrangements orders Amendments made to section 8(1) of the Children Act 1989 (ChA 1989) removed the concepts of 'contact order' and 'residence order' and inserted...
From 16 June 2014, when sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect: • breach of a forced marriage protection...
When sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16 June 2014: • breach of a forced marriage protection...
Confidentiality The Ministry of Justice's document, Apply for a forced marriage protection order (the Guide), recommends that the issue of confidentiality and withholding...
A freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a party from disposing or dealing with assets. Great care should be...
Available remedies Part 20 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) sets out a wide range of interim remedies that may be ordered by the court...
This document provides general guidance regarding injunctions to protect from domestic abuse available in the family courts. Your family lawyer will be able to provide...
Under the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with...
Occupation orders An occupation order is an order under the Family Law Act 1996 (FLA 1996) conferring, declaring, restricting or regulating rights of occupation in the...
Where the court has made an occupation order under section 33, 35 or 36 of the the Family Law Act 1996 (FLA 1996), it also has the power, either when the order is made or...
Applications A non-molestation order can only be granted to protect a person associated with the respondent or a relevant child. For details of who may apply for a...
Applications The procedure for an application for an occupation order under Part IV of the Family Law Act 1996 (FLA 1996) is governed by the Family Procedure Rules 2010...
This Practice Note details the procedure for an interim remedy under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20, including jurisdictional issues,...
During the course of a marriage or civil partnership where one spouse or civil partner is entitled to occupy a property by virtue of a beneficial estate, interest,...
General criteria An emergency protection order (EPO) is a court order to be made in an emergency where it can be shown that unless emergency action is taken, the child...
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering the recognition...
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 which courts have...
