International enforcement

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Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

Undefended divorce proceedings

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

9th Nov

Practice notes

Void and voidable marriages

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...

9th Nov

Practice notes

Working with counsel

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...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

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...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

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...

9th Nov

Practice notes

General principles—lump sum orders

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...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent International enforcement content

Practice notes

Enforcement in non-EU countries

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

Produced in partnership with David Salter, deputy High Court judge and Recorder 29th Nov

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, including in relation to execution of a deed of transfer?

Orders for the transfer of property (property adjustment orders as they are known under sections 24 or 24A of the Matrimonial Causes Act 1973) are...

Produced in partnership with Paul Infield of The 36 Group 29th Nov

Practice notes

Enforcement in EU Member States

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Nov

Practice notes

The 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Hague Convention)...

28th Nov

Practice notes

Introduction to international enforcement

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Nov

Q&As

Section 37 of the Family Law Act 1986 makes provision regarding UK passports. Can the Family Court make an order for the surrender of a foreign, ie non-UK, passport?

As noted, section 37 of the Family Law Act 1986 makes provision as to the surrender of passports where there is in force an order prohibiting or...

28th Nov

Q&As

Can a Form D180 (Certificate referred to in Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters) application still be submitted as the UK has now left the EU? Does it still apply for the transition/implementation period?

Form D180 (PDF Format) may be used in relation to the registration of orders under Article 39 of Council Regulation (EC) No 2201/2003 of 27 November...

28th Nov

Brexit

Q&As

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?

This Q&A considers whether parties can vary by agreement an order for child maintenance that had originally been made in the jurisdiction of England...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

What is the procedure for a European Enforcement Order where matrimonial property is being transferred from one party to another?

An application for a European Enforcement Order (EEO) is an alternative procedure to Council Regulation (EC) No 4/2009 on jurisdiction, applicable...

28th Nov

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 matrimonial matter in Form D180, what supporting documentation is required?

Form D180 may be used in relation to the registration of orders under Article 39 of Council Regulation (EC) 2201/2003 of 27 November 2003 concerning...

28th Nov

Q&As

When is Form D180 used?

Form D180 may be used in relation to the registration of orders under article 39 of Council Regulation (EC) 2201/2003 of 27 November 2003 concerning...

28th Nov

Q&As

Where child maintenance has previously been paid under a voluntary agreement (written or verbal) and no court order is in place, is this sufficient for REMO to take steps as to enforcement? If a court order is required, in which court should proceedings be issued in where the divorce proceedings were in England and Wales and the father is resident in another (non-EU) jurisdiction?

An informal agreement reached between separated parents as to the payment of child maintenance is not equivalent to a court order. Whether or not the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Is it possible to enforce a periodical payments order where the payer is resident in another jurisdiction?

The location of the debtor and their assets is always the starting point when considering international enforcement. There are large parts of the...

28th Nov

Q&As

Can a court in England and Wales make an attachment of earnings order in relation to a party who is employed in Singapore? What is the process to enforce an order made in this jurisdiction via Reciprocal Enforcement of Maintenance Order or the Lord Chancellor where a defaulting party resides and works in Singapore?

In England and Wales, the provisions as to an attachment of earnings order are set out in the Attachment of Earnings Act 1971 and the Family Procedure...

28th Nov

Q&As

Can a property adjustment order made in England and Wales in respect of a former matrimonial home situated in Ireland be enforced in Ireland without further orders having to be made by the Irish courts?

The guidance available is predominantly based on the laws of England and Wales. However, we refer you to the following which you may find useful.Where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

Where a child arrangements order was made in England and Wales and the child now lives in the Republic of Ireland, how may the order be enforced as to contact?

Both the UK and the Republic of Ireland are signatories to Council Regulation (EC) No 2201/2003, commonly referred to as Brussels II bis. As well as...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Practice notes

Restraining a party from leaving the jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

Produced in partnership with David Salter, deputy High Court judge and Recorder 26th Nov

International enforcement

View Family by content type:

Featured Family content

Notice of acting

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent International enforcement content

Popular documents

Quantum meruit (value of services) and quantum valebat (value of goods)

Title guarantee and covenants for title

Quia timet injunctions

Novation—why and how to novate a contract

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