Emergency procedures

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Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
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...
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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
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
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
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Emergency procedures content

Q&As
As noted, section 37 of the Family Law Act 1986 makes provision as to the surrender of passports where there is in force an order prohibiting or...
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28th Nov
Q&As
Applications for non-molestation orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in particular FPR 2010, SI...
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28th Nov
Q&As
A non-molestation order or an occupation order, including the power of arrest, can be varied, extended or discharged under section 49 of the Family...
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28th Nov
Q&As
Under Part IV of the Family Law Act 1996 (FLA 1996), an application may be made for a non-molestation order prohibiting a person (the respondent) from...
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28th Nov
Q&As
The High Court and the Family Court have a general power to grant an injunction (interlocutory or final) to appoint a receiver, where it is ‘just and...
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28th Nov
Q&As
Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse or civil partner is entitled to occupy a dwelling house by virtue of...
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28th Nov
Q&As
A non-molestation order is made under section 42 of the Family Law Act 1996 (FLA 1996). Such an order prohibits the respondent from molesting another...
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28th Nov
Q&As
Under Schedule 7, Part II, paragraph 7(2) to the Family Law Act 1996 (FLA 1996, Sch 7, Pt II, para 7(2)) if one spouse is entitled, either in their...
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28th Nov
Q&As
The procedure for an application for a non-molestation order under the Family Law Act 1996 is provided for in the Family Procedure Rules 2010 (FPR...
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28th Nov
Precedents
Note: On 30 November 2017 the then President of the Family Division, Sir James Munby, issued additional guidance as to the use and status of financial...
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26th Nov

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