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Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

The following Family news provides comprehensive and up to date legal information on Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Family news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Family content

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Third party debt order

Third party debt orderA third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a...

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

The no order principle

The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...

Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

19th May

Practice notes

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...

Produced in partnership with David Gallagher of Fieldfisher 19th May

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...

19th May

COVID-19

In-house

Practice notes

Desertion

DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...

19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

19th May

COVID-19

Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

19th May

Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May

Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...

19th May

Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

19th May

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

19th May

Precedents

Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...

19th May

Practice notes

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

Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...

19th May

COVID-19

Most recent Emergency procedures content

Practice notes

Non-molestation orders

Non-molestation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings...

5th Aug

COVID-19

Q&As

How can a spouse prevent the other spouse from disposing of a property (not the matrimonial home but part of the matrimonial assets), in the latter’s sole name, without their consent. Can they enter a notice or restriction at HM Land Registry?

How can a spouse prevent the other spouse from disposing of a property (not the matrimonial home but part of the matrimonial assets), in the latter’s...

1st Aug

Q&As

In relation to the civil tort of harassment under section 3 of the Protection from Harassment Act 1997 (PHA 1997) is the test for a ‘course of conduct’ the same as it is for criminal proceedings under PHA 1997, s 1?

In relation to the civil tort of harassment under section 3 of the Protection from Harassment Act 1997 (PHA 1997) is the test for a ‘course of...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 1st Aug

Q&As

The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?

The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained an occupation order for a period of four months. The applicant now wishes to register a matrimonial home rights notice with the Land Registry against the property owned by their spouse and the third party. Can the applicant register such a notice, and are they assisted by the decision in Abdullah v Westminster City Council [2011] EWCA Civ 1171?

The parties are married and lived in a property jointly owned by one spouse and a third party. The parties separated and the applicant spouse obtained...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

If the applicant for a non-molestation order does not have the address for the respondent and only has a mobile telephone number what steps can they take regarding service on the respondent.

If the applicant for a non-molestation order does not have the address for the respondent and only has a mobile telephone number what steps can they...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an alternative method?

Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an...

1st Aug

Q&As

If a respondent does not attend court to defend an application for a non-molestation order, nor offer undertakings, can the disputed facts relied on in the injunction proceedings be admissible as to the truth of those facts in proceedings under the Children Act 1989?

If a respondent does not attend court to defend an application for a non-molestation order, nor offer undertakings, can the disputed facts relied on...

1st Aug

Q&As

In proceedings under Part IV of the Family Law Act 1996 where a non-molestation order has been made, the respondent has threatened the solicitor representing the applicant. What redress or sanctions are available? If an application is required, would that be made within the existing proceedings or in separate proceedings?

In proceedings under Part IV of the Family Law Act 1996 where a non-molestation order has been made, the respondent has threatened the solicitor...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order is finalised? If not, what protection, if any, is available?

Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order...

1st Aug

Q&As

Can undertakings given in Family Law Act 1996 proceedings be varied or amended by consent or otherwise?

Can undertakings given in Family Law Act 1996 proceedings be varied or amended by consent or otherwise?Pursuant to section 46 of the Family Law Act...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure pursuant to Part 20 of the Family Procedure Rules 2010?

Are there any particular requirements for the appointment of a receiver in family proceedings? Can a receiver be appointed as an interim measure...

1st Aug

Q&As

One spouse is the sole owner of the matrimonial home. The other spouse has registered a home rights notice and left the property at the request of the police after they were abusive. Can the non-owning spouse return to property or do they need to obtain an occupation order and the leave of the court to re-enter?

One spouse is the sole owner of the matrimonial home. The other spouse has registered a home rights notice and left the property at the request of the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

Where no divorce petition has been filed, what are the options for a spouse to recover assets where the other party has withdrawn savings from both personal and business accounts? Can an application to set aside dealings under section 37 of the Matrimonial Causes Act 1973 only be made where there are existing proceedings?

Where no divorce petition has been filed, what are the options for a spouse to recover assets where the other party has withdrawn savings from both...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

If someone is subject to Multi Agency Risk Assessment Conference, can they remove the violent partner from the deeds to a property and the mortgage without their permission?

If someone is subject to Multi Agency Risk Assessment Conference, can they remove the violent partner from the deeds to a property and the mortgage...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

What powers, duties and options do a local authority have to protect a child they suspect is vulnerable to child sexual exploitation?

What powers, duties and options do a local authority have to protect a child they suspect is vulnerable to child sexual exploitation?A helpful...

Produced in partnership with Matthew Haynes of St Ives Chambers 1st Aug

Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...

1st Aug

Q&As

Where an undertaking given in proceedings under the Family Law Act 1996 provides for the respondent not to threaten or use violence, molest or otherwise interfere with the other party, would allegations the applicant considers to be unfounded that are made to the court and to the police amount to a breach of that undertaking?

Where an undertaking given in proceedings under the Family Law Act 1996 provides for the respondent not to threaten or use violence, molest or...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

If a parent of a minor is served, will this suffice as service of a non-molestation order? Does the parent need to inform the minor of the order, or is service on the parent sufficient?

If a parent of a minor is served, will this suffice as service of a non-molestation order? Does the parent need to inform the minor of the order, or...

1st Aug

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Emergency procedures

View Family by content type:

Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Family content

Working with counsel

Third party debt order

Interim orders in public children proceedings

The no order principle

Most recent Emergency procedures content

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Fixtures and fittings

PRA Rulebook—introduction for the insurance and reinsurance sector

Enforcing a warrant of control

Proprietary estoppel

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