Capacity and vulnerable parties

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Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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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
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 12th Jan
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
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
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
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
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
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
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
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
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
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...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Capacity and vulnerable parties content

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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16th May
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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16th May
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 May
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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15th May
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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15th May
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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15th May
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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15th May
Q&As
The requirements in family proceedings where a party is protected are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15 and...
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28th Nov

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