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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
Practice notes
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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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
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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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
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May

Most recent Scotland content

Practice notes
Financial provision for spouses and civil partners in ScotlandCoronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 18th Aug
Practice notes
Cohabitant claims in ScotlandCoronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19)...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 15th Aug
Practice notes
Scotland—divorce and civil partnership dissolutionCoronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the...
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Produced in partnership with Sally Nash of Gilson Gray LLP 15th Aug
Practice notes
Scotland—divorce and civil partnership dissolution—glossaryThis Practice Note provides a glossary of terminology in relation to divorce and...
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Produced in partnership with Sally Nash of Gilson Gray LLP 15th Aug
Practice notes
Private children proceedings in ScotlandCoronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus...
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Produced in partnership with Karen Gibbons of Harper Macleod LLP 15th Aug
Q&As
Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should...
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15th Aug
Q&As
Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?There are two courts in Scotland where...
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15th Aug
Q&As
Where a child is taken, without consent, to Scotland from England, is this classed as an internal or an external relocation?Section 13(1)(b) of the...
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15th Aug
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 15th Aug

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