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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
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
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
Schedules of deficiencies and requests for further informationTechnically, it may be argued that a true schedule of deficiencies is not a request for...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.17(3)–(4) provide that a case may not be transferred from the Family Court to the High...
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13th Feb
Q&As
Section 30 of the Family Law Act 1996 (FLA 1996) provides protection for spouses who personally have no interest or right to occupation in their...
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13th Feb
Q&As
By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...
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13th Feb
Q&As
Cohabitation is relevant in so far as it results in some reduction of a payee's needs. This may be because of financial support received from a...
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13th Feb
Q&As
The enforcement of recitals in financial orders does present some difficulties due to potential uncertainties surrounding the technical jurisdiction...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 13th Feb
Q&As
Where the parties have agreed to vary the terms of a financial consent order, and the terms are capable of being varied by an order of the court, then...
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13th Feb
Q&As
The court's ability to make an order for the transfer of property order derives from section 24(1) of the Matrimonial Causes Act 1973 (MCA 1973) and...
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13th Feb
Q&As
An undertaking with a penal notice attached may be enforced by way of committal proceedings. The application is made using the procedure under Family...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
There are implications as to death benefits payable under a pension scheme where decree absolute has been pronounced, or in the event that the pension...
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13th Feb
Q&As
Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other...
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13th Feb
Q&As
The parties to divorce proceedings are the petitioner and respondent, and therefore only they will be bound by a financial order made by the court in...
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13th Feb
Q&As
Undertakings are the bespoke way of including enforceable obligations in the preamble to a financial remedy order which the court would otherwise have...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb

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