Consent orders

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Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

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Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

General principles—lump sum orders

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...

The grounds on which a marriage is voidable

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...

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Working with counsel

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...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

Practice notes

Void and voidable marriages

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...

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

The grounds on which a marriage is void

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...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

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

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

Practice notes

The no order principle

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...

9th Nov

Practice notes

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan

Practice notes

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

9th Nov

Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

9th Nov

Most recent Consent orders content

Practice notes

Drafting the terms of a financial consent order

Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...

15th May

Practice notes

Variation of financial orders

Variation of financial ordersBy virtue of section 31 of the Matrimonial Causes Act 1973 (MCA 1973), and the corresponding provisions in the Civil...

15th May

Practice notes

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...

15th May

Practice notes

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...

15th May

Practice notes

Online applications for financial consent orders

Online applications for financial consent ordersFollowing the pilot scheme under Family Procedure Rules 2010 (FPR 2010), PD 36I (Pilot scheme:...

15th May

Practice notes

General principles of consent orders

General principles of consent ordersThis Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent...

15th May

Practice notes

Setting aside financial orders including Barder events where no error of the court alleged

Setting aside financial orders including Barder events where no error of the court allegedBackgroundFor a considerable time there had been doubt and...

Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May

COVID-19

Q&As

Can a property adjustment order be made by consent in relation to foreign property, where the property is to be retained in joint names and sold at a later date?

Even though the property in question is overseas, the court has jurisdiction to make an order for sale of foreign property, where that order operates...

Produced in partnership with Nicholas Starks of St Ives Chambers 23rd Apr

Q&As

The standard order financial remedy omnibus issued by the President of the Family Division contains the wording—‘Warning: if you do not comply with this order, you may be held in contempt of court and you may be sent to prison, be fined, or have your assets seized’. Is this a penal notice, or simply a warning? Does it only need to be included if the order includes undertakings, or does it need to be included irrespective of whether the order includes undertakings?

The wording referred to above is a penal notice, in that it warns the litigants that they are at risk of committal, with its ensuing consequences, if...

Produced in partnership with Ruth Cabeza of Harcourt Chambers 14th Apr

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...

1st Apr

Q&As

A financial consent order has been made that provides for the former matrimonial home to be transferred to one spouse on the basis that they obtain the release of the other spouse from the mortgage and for a lump sum to be paid to the transferring spouse. A short time after the order was made, the spouse to whom the property was to be transferred has indicated that they are unable to secure the mortgage release and that they wish the property to be sold. If an order for sale is made, can an additional lump sum be made in favour of the transferring spouse to cover their additional costs and any capital gains tax liability?

Pursuant to section 31 of the Matrimonial Causes Act 1973 (MCA 1973), the court has the power to vary its own orders made within financial remedy...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Mar

Q&As

Where a financial consent order is to include provision as to the payment of liabilities by a party, can this be dealt with in the main body of the order as opposed to by an undertaking?

The powers of the court to divide the assets belonging to parties to a marriage following the initiation of a petition for divorce, judicial...

24th Feb

Q&As

Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead.

The Precedent: Standard order 2.1—financial remedy order—omnibus derives from the suite of Precedent orders issued by the Financial Remedies Working...

13th Feb

Q&As

Can a financial consent order include two separate spousal periodical payments orders with terms of different lengths?

The power for the court to make spousal periodical payments orders on divorce is contained in section 23 of the Matrimonial Causes Act 1973 (MCA...

Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb

Q&As

Where a party to divorce proceedings changes their name, and a financial consent order has been prepared detailing the parties’ original names as in the divorce suit, what is the procedure required to reflect the party’s new name in the consent order?

A party to proceedings, like any other adult, is entitled to change their name at any time, whether before or after a financial consent order is made...

Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb

Q&As