Emergency procedures

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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
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
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
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
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
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
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 >
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
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
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
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 >
9th Nov
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
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
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...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov

Most recent Emergency procedures content

Q&As
Non-molestation orders should be served personally on the respondent in the absence of any direction to the contrary, as soon as reasonably...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
A non-molestation order means a provision prohibiting the respondent from molesting another person who is associated with the respondent, or from...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
When an application for a non-molestation order is made on notice, the applicant must serve a copy of the application and statement in support, and...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
The civil tort of harassment is set out under section 1 of the Protection from Harassment Act 1997 (PHA 1997) which states:‘(1) A person must not...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan
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 >
Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan
Q&As
Where a property is jointly owned, then, unless prevented by law, each owner has a right of occupation of the property. It is therefore not lawful for...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Practice notes
Where a party wishes to enforce an order, and the respondent intends to leave the jurisdiction of the court and frustrate enforcement action against...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan
Q&As
A non-molestation order is an order prohibiting the respondent from molesting the applicant and/or a relevant child. The applicant must be a person...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.4(1) provides that any application in proceedings under:•FPR 2010, SI 2010/2955, Pt 7...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
Section 42(2)(b) of the Family Law Act 1996 (FLA 1996) provides the court with the power to make a non-molestation order of its own motion in any...
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Produced in partnership with Melissa Harrison of Coram Chambers 8th Jan

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