Practice and procedure

View Family by content type:

Latest Family News

Featured Family content

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...
Read More >
Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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....
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov

Most recent Practice and procedure content

Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 1 sets out the overriding objective, which is to enable the court to deal with cases...
Read More >
28th Nov
Q&As
The courts' approach to financial claims made after a period of delay may vary depending on the specific facts of the case. In principle there is no...
Read More >
28th Nov
Q&As
The requirements in family proceedings where a party is protected are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15 and...
Read More >
28th Nov
Q&As
The court form prescribed financial statement is used to set out each party's relevant financial and other circumstances when a financial application...
Read More >
28th Nov
Q&As
The requirements as to court bundles in family proceedings are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in FPR 2010, PD...
Read More >
28th Nov
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 came into effect on 6 April 2011 and made changes to the terminology used in relation to...
Read More >
28th Nov
Q&As
Section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court must have regard to:'…the income, earning capacity, property...
Read More >
28th Nov
Q&As
The usual wording as to the index linking of periodical payments is as set out in the Precedent: Standard order 2.1—financial remedy order—omnibus at...
Read More >
28th Nov
Q&As
The conduct of a financial dispute resolution appointment (FDR) in financial proceedings is dealt with by Family Procedure Rules 2010 (FPR 2010), SI...
Read More >
28th Nov
Q&As
Where an application is issued in Form A, the court will produce a document, called Form C, which sets out, inter alia, the date for the exchange of...
Read More >
28th Nov
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 set out the universal practice for hearings in the Family Court and the Family Division of...
Read More >
28th Nov
Q&As
Pending the final determination of an application for a financial order, the court may make an interim order on such terms as they think just....
Read More >
28th Nov
Q&As
Rule 9.26 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 sets out the procedure on an application for a consent order in financial remedy...
Read More >
28th Nov
Precedents
[insert date]Dear [insert client’s name]Following on from the financial agreement reached between you and your [former] [husband OR wife OR civil...
Read More >
28th Nov
Precedents
In the Central Family CourtSitting at First Avenue HouseCase No: [insert][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORSchedule 1...
Read More >
28th Nov
Precedents
In the Central Family CourtIn the Principal Registry of the Family DivisionSitting at First Avenue HouseCase No: [insert][The Matrimonial Causes Act...
Read More >
28th Nov
Practice notes
This Practice Note provides information about, and access to, financial standard orders issued by the President of the Family Division, in his...
Read More >
27th Nov

Popular documents