Practice and procedure

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

Q&As
Can an application for a financial order be made after decree absolute?There is no prohibition on an application for a financial order being made...
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13th Feb
Q&As
The requirements as to attendance at a mediation information and assessment meeting (MIAM) are set out in the following Practice Note:•Non-court...
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13th Feb
Q&As
The court is not specifically referred to the question of inherited assets or the parties’ inheritance prospects by section 25 of the Matrimonial...
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Produced in partnership with Nick Starks of St. Ives Chamber 13th Feb
Q&As
The starting point is section 23 of the Matrimonial Causes Act 1973 (MCA 1973), which gives the court jurisdiction to make lump sum orders and...
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Produced in partnership with Marissa Allman of The 36 Group 13th Feb
Q&As
Case studyIn financial remedy proceedings Form Es have been exchanged. The husband is engaged in civil litigation with the wife's step-father. The...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
The pre-action protocol set out in the annex to Family Procedure Rules 2010, PD 9A (FPR 2010) states (at para 12) that:‘If parties carry out voluntary...
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13th Feb
Q&As
In some cases, a party’s bonus can make up a significant part of their income. Although bonuses accrued post-separation may be the result of the...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
In the case of an undefended petition for divorce, the parties will typically receive notice of the date, time and place of the hearing of the decree...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 made changes to the terminology used in relation to proceedings for financial provision. The...
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13th Feb
Q&As
Under an individual voluntary agreement (IVA), a debtor avoids bankruptcy by entering into a repayment plan with their creditors. If the former spouse...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
The court has the power to make final orders in financial remedy proceedings on the pronouncement of decree absolute. Other than certain interim...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As
The only general provision in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 relating to withdrawal appears in FPR 2010, SI 2010/2955, 29.4,...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb

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