General principles

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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
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
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
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
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
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
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
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
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
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
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
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
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent General principles content

Practice notes
The impact that bankruptcy and divorce proceedings have on one another has been subject to several cases in both the bankruptcy and family courts....
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9th Apr
Q&As
The rules governing enforcement of orders within family proceedings are primarily contained in the Family Procedure Rules 2010 (FPR 2010), SI...
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13th Feb
Q&As
The Family Court (and the County Court) has always had power to direct that another person (usually a district judge but possibly a partner in the...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb
Q&As
The enforcement of recitals in financial orders does present some difficulties due to potential uncertainties surrounding the technical jurisdiction...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 13th Feb
Q&As
An undertaking with a penal notice attached may be enforced by way of committal proceedings. The application is made using the procedure under Family...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
Under section 32(1) of the Matrimonial Causes Act 1973 (MCA 1973):‘A person shall not be entitled to enforce through the High Court or the family...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb
Q&As
The location of the debtor and their assets is always the starting point when considering international enforcement. There are large parts of the...
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27th Jan
Practice notes
This Practice Note provides information about, and access to, committal standard orders issued by the President of the Family Division, Sir James...
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18th 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 >
17th 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 17th Jan
Q&As
The court has significant powers upon the granting of a decree of divorce to divide up the matrimonial assets. These powers are contained in the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
This response considers the question of undertakings within the framework of proceedings under the Matrimonial Causes Act 1973 (MCA 1973). Different...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 8th Jan

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