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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...

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...

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...

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

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

The grounds on which a marriage is void

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...

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

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 Practice and procedure content

Practice notes

Public children—Public Law Outline 2014

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

2nd Dec

COVID-19

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

2nd Dec

Practice notes

Reports under section 7 of the Children Act 1989

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

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 2nd Dec

Practice notes

Evidence in public children proceedings

This Practice Note deals with evidence in public children proceedings including admissibility, credibility, competence and compellability. It also...

1st Dec

Practice notes

Evidence in private law children proceedings

Note that on 21 November 2017, the Ministry of Justice issued guidance on a police investigation into the potential manipulation of forensic...

1st Dec

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...

1st Dec

COVID-19

In-house

Practice notes

Scientific (DNA) tests within family proceedings

Under Part III of the Family Law Reform Act 1969 (FLRA 1969), in civil proceedings in which the parentage of any person falls to be determined, the...

30th Nov

Practice notes

Mental capacity—an introduction

Solicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where:•there is a...

29th Nov

Practice notes

Capacity to marry, cohabit and have sexual relations

Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues...

29th Nov

Practice notes

Judicial review—what it is and when it can be used

What is Judicial Review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov

Practice notes

Judicial review—time limits and the pre-action protocol

When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov

Practice notes

The Official Solicitor—family proceedings

The Official Solicitor is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff includes experienced...

29th Nov

Practice notes

Expert evidence in public children proceedings

This Practice Note deals with expert evidence in public law children proceedings, including in care and adoption proceedings. It details the relevant...

29th Nov

Q&As

Can a non-molestation or occupation order be obtained in order to protect an elderly wife against violence from a husband suffering from dementia? If the husband does not have capacity can the order be enforced? Are there any alternative proceedings that could be considered instead?

'A protected party' is defined under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 2.3(1) as a person who lacks capacity within the...

29th Nov

Q&As

On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?

Chapter 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 governs service in respect of family proceedings, including divorce, subject to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov

Q&As