Practice and procedure

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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 Practice and procedure content

Practice notes
Online applications for financial consent ordersFollowing the pilot scheme under Family Procedure Rules 2010 (FPR 2010), PD 36I (Pilot scheme:...
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21st Sep
Practice notes
Issuing financial proceedings in Form A (standard procedure)The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure...
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20th Sep
Practice notes
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...
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20th Sep
Practice notes
Variation of financial ordersBy virtue of section 31 of the Matrimonial Causes Act 1973 (MCA 1973), and the corresponding provisions in the Civil...
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20th Sep
Practice notes
Dealing with competing matrimonial claims in confiscation proceedingsCompeting matrimonial claims—the issueSince the introduction of the Proceeds of...
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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...
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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 25In the FAMILY COURT SITTING AT [court...
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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...
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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...
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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...
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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...
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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?The Family...
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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...
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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...
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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...
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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?Legislative provisionsThe legislative provisions regarding expert...
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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...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug

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