Practice and procedure

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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
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
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
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
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 Practice and procedure content

Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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27th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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27th Jan
Q&As
The guidance available is predominantly based on the laws of England and Wales. However, we refer you to the following which you may find useful.Where...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Jan
Q&As
The court has no jurisdiction to make an interim property adjustment order, per the Court of Appeal decision in Wicks v Wicks. In addition, section...
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25th Jan
Practice notes
When engaging in the disclosure process, either voluntarily or pursuant to a formal application for a financial remedy, it will be necessary to...
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17th Jan
Practice notes
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, were amended by the Family Procedure (Amendment) Rules 2018, SI 2018/440 with effect from 4...
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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 >
17th Jan
Practice notes
BackgroundThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) do not contain a procedure for inspection (formerly production) appointments, as...
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Produced in partnership with David Salter 17th Jan
Practice notes
The first appointment is a time-tabling hearing, with the objective of defining the issues, managing costs and setting out the next stages of the...
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17th Jan
Practice notes
This Practice Note sets out guidance on the preparation required for the financial dispute resolution appointment (FDR) in terms of procedure and...
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17th Jan
Practice notes
It is commonly the case that where in financial remedy proceedings one of the assets is an interest in a limited company, the court will direct a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Jan
Practice notes
A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will...
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17th Jan
Practice notes
This Practice Note details requirements in relation to disclosure within financial proceedings, the duty of disclosure to the court as it relates to...
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17th Jan
Practice notes
This Practice Note sets out the procedure to add a third party to financial proceedings as specified by the Family Procedure Rules 2010 (FPR 2010). It...
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17th Jan
Practice notes
In financial proceedings there is an ongoing duty to provide full, frank, and clear disclosure. Such disclosure includes all material facts, documents...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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 >
17th Jan

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