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 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
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
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
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Practice and procedure content

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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2nd Dec
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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2nd Dec
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...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 2nd Dec
Practice notes
This Practice Note deals with evidence in public children proceedings including admissibility, credibility, competence and compellability. It also...
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1st Dec
Practice notes
Note that on 21 November 2017, the Ministry of Justice issued guidance on a police investigation into the potential manipulation of forensic...
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1st Dec
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...
Read More >
1st Dec
Practice notes
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...
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30th Nov
Practice notes
Solicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where:•there is a...
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29th Nov
Practice notes
Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues...
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29th Nov
Practice notes
What is Judicial Review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov
Practice notes
Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 29th Nov
Practice notes
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...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Nov
Practice notes
The Official Solicitor is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff includes experienced...
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29th Nov
Practice notes
This Practice Note deals with expert evidence in public law children proceedings, including in care and adoption proceedings. It details the relevant...
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29th Nov
Q&As
Chapter 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 governs service in respect of family proceedings, including divorce, subject to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
Q&As
The court is not specifically referred to the question of inherited assets or the parties’ inheritance prospects by section 25 of the Matrimonial...
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Produced in partnership with Nick Starks of St. Ives Chamber 29th Nov
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6 contain the core provisions regarding service in family proceedings, although the...
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29th Nov

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