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Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

Practice notes

Occupation orders

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

19th May

COVID-19

Practice notes

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...

19th May

Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...

19th May

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...

19th May

Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May

Practice notes

Mesher and Martin orders

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...

19th May

Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

19th May

Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...

19th May

Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Practice notes

Void and voidable marriages

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...

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, what evidence will the court require in order to approve the order?

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,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

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 1989

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...

19th May

Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...

19th May

Most recent Practice and procedure content

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:...

21st Sep

Practice notes

Issuing financial proceedings in Form A (standard procedure)

Issuing financial proceedings in Form A (standard procedure)The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure...

20th Sep

COVID-19

Practice notes

Action on reaching agreement prior to final hearing

Action on reaching agreement prior to final hearingIt is common for an agreement to be reached prior to the final hearing. An agreement may be reached...

20th Sep

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...

20th Sep

Practice notes

Dealing with competing matrimonial claims in confiscation proceedings

Dealing with competing matrimonial claims in confiscation proceedingsCompeting matrimonial claims—the issueSince the introduction of the Proceeds of...

Produced in partnership with Sarah Wood of 5 St Andrew's Hill 14th Sep

Q&As

Where a financial application in Form A has been made online, issued and served, what is the procedure to amend the Form A to include an application for spousal maintenance and is permission required?

Where a financial application in Form A has been made online, issued and served, what is the procedure to amend the Form A to include an application...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Aug

Precedents

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25

Specimen narrative statement in financial remedy applications under Matrimonial Causes Act 1973, s 25In the FAMILY COURT SITTING AT [court...

24th Aug

Q&As

Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for a financial order, and should such a schedule be included in the bundle?

Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for...

Produced in partnership with Nicholas Starks of St Ives Chambers 18th Aug

Q&As

Where a petitioner does not indicate an intention to apply for a financial order in the divorce petition, can they subsequently seek a financial order after the decree nisi has been pronounced?

Where a petitioner does not indicate an intention to apply for a financial order in the divorce petition, can they subsequently seek a financial order...

Produced in partnership with Marisa Allman of The 36 Group 18th Aug

Q&As

On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest in the family home rather than the other spouse?

On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest...

18th Aug

Q&As

Where the assets in relation to financial provision on divorce are very limited to non-existent, and one party would like to proceed by way of a clean break order, would it be disproportionate to issue a financial application in Form A?

Where the assets in relation to financial provision on divorce are very limited to non-existent, and one party would like to proceed by way of a clean...

18th Aug

Q&As

Where issues of conduct are raised in financial proceedings, when will it be appropriate for there to be a transfer to the High Court?

Where issues of conduct are raised in financial proceedings, when will it be appropriate for there to be a transfer to the High Court?The Family...

18th Aug

Q&As

What are the authorities on post-separation cohabitation by a party to a marriage with a third party? Can disclosure be obtained from such a cohabitant?

What are the authorities on post-separation cohabitation by a party to a marriage with a third party? Can disclosure be obtained from such a...

18th Aug

Q&As

Where a Form A has been issued, Forms E filed and heads of agreement reached at a financial dispute resolution appointment (FDR), is it necessary to file a statement of information when the draft consent order is lodged with the court? Does it matter if the draft consent order differs slightly from the heads of agreement reached at the FDR (eg where finer details have been worked out between the parties in negotiation since the FDR and both parties have had independent legal advice)?

Where a Form A has been issued, Forms E filed and heads of agreement reached at a financial dispute resolution appointment (FDR), is it necessary to...

Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug

Q&As

What is the procedure for an application under section 10(2) of the Matrimonial Causes Act 1973 by a respondent to delay pronouncement of decree absolute?

What is the procedure for an application under section 10(2) of the Matrimonial Causes Act 1973 by a respondent to delay pronouncement of decree...

18th Aug

Q&As

Where a party to financial proceedings has a new partner, and says they have no knowledge as to their partner's income and capital, can the court make an order for disclosure?

Where a party to financial proceedings has a new partner, and says they have no knowledge as to their partner's income and capital, can the court make...

Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug

Q&As

When is permission required to file expert evidence in financial proceedings?

When is permission required to file expert evidence in financial proceedings?Legislative provisionsThe legislative provisions regarding expert...

18th Aug

Q&As

The respondent to a financial order application has been personally served but has not engaged with the proceedings, including as to the requirement to file and serve a financial statement in Form E. Would it still be appropriate for the applicant to raise a questionnaire in accordance with Family Procedure Rules 2010, SI 2010/2955, 9.14(5)(c)?

The respondent to a financial order application has been personally served but has not engaged with the proceedings, including as to the requirement...

18th Aug

Q&As

A party gave an undertaking within a financial consent order to pay life insurance premiums, but subsequently stated that the undertaking was included by mistake and that the premiums were part of the provision for spousal maintenance. If the other party will not agree to the removal of the undertaking, how may this be rectified?

A party gave an undertaking within a financial consent order to pay life insurance premiums, but subsequently stated that the undertaking was included...

Produced in partnership with Paul Infield of The 36 Group 18th Aug

Q&As

When filing without prejudice letters for the financial dispute resolution hearing, are these limited to offers made after the proceedings were issued, or do all without prejudice letters need to be included, whether made before or after court proceedings are commenced?

When filing without prejudice letters for the financial dispute resolution hearing, are these limited to offers made after the proceedings were...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug

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Practice and procedure

View Family by content type:

Latest Family News

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Working with counsel

Procedure for an application for an occupation order

The ground for divorce

Most recent Practice and procedure content

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Medco

Admissibility of hearsay evidence in criminal proceedings

Forming enforceable contracts—consideration

Amending the articles of association

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