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
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
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

Q&As
Financial proceedings on divorce are subject to the overriding objective in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 1.1, with the...
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13th Feb
Q&As
It is commonly the case on the breakdown of a marriage that, by the time financial remedies proceedings come before the court, one or both of the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.13(3) provides that:‘Where an application for a financial remedy includes an application...
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13th Feb
Q&As
For the purposes of this Q&A we have assumed that the transfer of equity is in a family law context.Pursuant to section 24 of the Matrimonial Causes...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
Section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court must have regard to, inter alia ‘…the income, earning capacity,...
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13th Feb
Q&As
A pension can only be transferred to another person on death or as a result of financial relief proceedings on divorce or dissolution.If the final...
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Produced in partnership with Paul Infield of The 36 Group 13th Feb
Q&As
The court can make a lump sum order (payable either in one sum or by instalments), a series of lump sum orders or a deferred lump sum order. That...
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Produced in partnership with Paul Infield of The 36 Group 13th Feb
Q&As
There is an ongoing duty of disclosure in financial remedy proceedings and the court must have regard to all the circumstances of the case when...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb
Q&As
The powers of the court to order financial provision upon divorce are contained in Part II of the Matrimonial Causes Act 1973 (MCA 1973). See Practice...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb
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, the question to be...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 13th Feb

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