General principles

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Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
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,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent General principles content

Practice notes
Enforcement of financial ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 7th Sep
Q&As
Can arrears of maintenance under a periodical payments order made in the Family Court be enforced using the ‘Money Claim Online’ process rather than...
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18th Aug
Q&As
Should an application for enforcement be made in Form D50K (Notice of application for enforcement by such method as the court may consider...
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18th Aug
Q&As
What form should be used when making an application to enforce an undertaking in a financial order to pay a mortgage?An undertaking with a penal...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As
What is the difference between an application for a means of payment order and an application for ‘such a method of enforcement as the court considers...
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18th Aug
Q&As
Does an undertaking in a consent order bind the estate of the party giving it if they die?This response considers the question of undertakings within...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug
Q&As
Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to...
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18th Aug
Q&As
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Practice notes
Enforcement of undertakingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Implications of the death of a party in financial proceedingsA claim for a financial order is personal to the parties to the marriage and does not...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Registration of a maintenance order made in the High Court in the Family CourtNote that the single Family Court replaced the previous three tiers of...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Enforcement against a company or trustEnforcement against a companyA company is a legal entity distinct from its owner and controller. The same...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug
Practice notes
Standard orders—enforcementThis Practice Note provides information about, and access to, enforcement standard orders issued by the President of the...
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18th Aug
Practice notes
Enforcing children orders (private law)Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...
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18th Aug
Practice notes
Limitations on enforcementTime limitsThe rules of limitation that prevent a fresh action being taken on a judgment once six years have elapsed since...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

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