Capacity and vulnerable parties

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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 Capacity and vulnerable parties content

Q&As
What is the procedure to appoint a litigation friend in financial remedy proceedings? Which form is required and what evidence is required in support?...
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18th Aug
Practice notes
The Official Solicitor—family proceedingsThe Official Solicitor is an officer of the Supreme Court appointed by the Lord Chancellor. The Official...
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18th Aug
Practice notes
Capacity to litigate—family proceedingsThis Practice Note considers the approach taken by the family courts in relation to issues of capacity and how...
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18th Aug
Practice notes
Vulnerable persons—participation and evidence in family proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the...
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18th Aug
Practice notes
Appointing a litigation friend in family proceedingsThis Practice Note deals with the requirements under the Mental Capacity Act 2005 (MCA 2005) and...
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18th Aug
Practice notes
Capacity to marry, cohabit and have sexual relationsQuestions of capacity to marry, cohabit, have sexual relations and agree to the use of...
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16th Aug
Practice notes
Mental capacity—assessments and testsSolicitors are not expected to be able to make a clinical diagnosis of a person's mental state but there are a...
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15th Aug
Practice notes
Mental capacity—an introductionSolicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity...
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15th Aug

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