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Practice notes
The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...
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19th May
Practice notes
Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...
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19th May
Practice notes
The grounds on which a marriage is voidableA decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the...
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19th May
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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19th May
Practice notes
Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Q&As
Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...
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19th May
Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Precedents
To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...
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19th May
Practice notes
Drafting the terms of a financial consent orderThis Practice Note sets out the basic principles to be applied when drafting a financial consent order...
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19th May

Most recent International content

Practice notes
1996 Hague Convention—general principlesThis Practice Note deals with matters relating to jurisdiction, applicable law, transfers between contracting...
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2nd Aug
Q&As
Where it is proposed to relocate a child to Northern Ireland, is this considered an internal relocation or an external relocation?Where one parent...
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1st Aug
Q&As
Would an application for leave to remove a child from England to the Isle of Man be classed as an application for internal relocation or external...
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1st Aug
Q&As
When submitting an application under Article 39 of Brussels II bis (Council Regulation (EC) 2201/2003) for a certificate concerning a judgment in a...
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1st Aug
Q&As
Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Q&As
Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
How may an order made in matrimonial proceedings in Hong Kong for the transfer of a property located in the UK be enforced in England and Wales,...
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Produced in partnership with Paul Infield of The 36 Group 1st Aug
Practice notes
Jurisdiction for petitions for divorce and judicial separation11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 31st Jul
Practice notes
Child abduction—orders to locate and recover a child in the UKCoronavirus (COVID-19): Guidance has been issued, including by the President of the...
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31st Jul
Practice notes
Financial relief after overseas divorce—procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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31st Jul
Q&As
Where a court in England and Wales makes an interim care order, can the child be placed in Scotland by the local authority?Care proceedings are...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

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