Practice and procedure

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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
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...
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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

Most recent Practice and procedure content

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
Q&As
Section 37 of the Matrimonial Causes Act 1973 (MCA 1973) is a powerful weapon. It enables the court to restrain a proposed disposition of an asset, or...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Feb
Q&As
The starting point is generally for the most up-to-date valuation available to be ultilised. In FZ v SZ, Mostyn J indicated (in a case where there was...
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13th Feb
Q&As
Section 31 of the Matrimonial Causes Act 1973 (MCA 1973) gives the court the power to vary or discharge orders that require payment of income to...
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13th Feb
Q&As
An application for a financial order may be made by notice in Form A, where either party has failed to include a prayer for a financial order in...
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13th Feb
Q&As
Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955...
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13th Feb
Q&As
Within the context of financial provision proceedings, a redundancy payment is a resource to be utilised in lieu of the salary. Just as a salary would...
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Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb
Q&As
The powers of the court are set out in sections 23–24 of the Matrimonial Causes Act 1973 (MCA 1973). While those powers relate to the sale of land and...
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Produced in partnership with Matthew Haynes of St Ives Chambers 12th Feb
Q&As
Parties to financial relief proceedings often make statements about third parties—for instance, the other party’s new partner, family members or...
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Produced in partnership with Paul Infield of The 36 Group 12th Feb
Q&As
At the request of the party who seeks the disclosure, the court may issue a witness summons requiring a witness to attend court to give evidence or to...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 12th Feb
Q&As
The procedure for making an application for a decree nisi is set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7. Where the case is...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb
Q&As
If two people are married (or in a civil partnership), and a property is owned solely in one spouse’s name, the other spouse can apply for a home...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 provide at FPR 2010, PD 9A, para 6.2 as follows:‘As a consequence of [Re D (Minors)...
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11th Feb
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Feb
Practice notes
It is common for an agreement to be reached prior to the final hearing. An agreement may be reached at any stage of the proceedings right up to the...
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3rd Feb

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