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Latest Family News

The Domestic Abuse Act 2021 at a glance

The following Family news provides comprehensive and up to date legal information on The Domestic Abuse Act 2021 at a glance

Can COVID-19 be a Barder event? (HW v WW)

The following Family news provides comprehensive and up to date legal information on Can COVID-19 be a Barder event? (HW v WW)

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Featured Family content

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...

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...

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...

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...

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

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

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

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 12th Jan

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

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

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

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

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

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

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

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

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

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan

Practice notes

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...

9th Nov

Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

9th Nov

Most recent Evidence and disclosure content

Practice notes

Reports under section 37 of the Children Act 1989

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 15th May

Practice notes

The duty of disclosure in financial proceedings

The duty of disclosure in financial proceedingsThis Practice Note provides guidance on the ongoing duty of full and frank disclosure in financial...

15th May

Practice notes

Reports under section 7 of the Children Act 1989

Reports under section 7 of the Children Act 1989Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 15th May

Practice notes

Preparation of court bundles in family proceedings

Preparation of court bundles in family proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

15th May

COVID-19

Practice notes

Scientific (DNA) tests within family proceedings

Scientific (DNA) tests within family proceedingsUnder Part III of the Family Law Reform Act 1969 (FLRA 1969), in civil proceedings in which the...

15th May

Practice notes

Effects of non-disclosure in financial proceedings

Effects of non-disclosure in financial proceedingsThis Practice Note details requirements in relation to disclosure within financial proceedings, the...

15th May

Practice notes

Instructing experts in financial proceedings

Instructing experts in financial proceedingsThis Practice Note provides guidance on the joint instruction of an expert witness in financial...

15th May

Practice notes

Adducing expert evidence in financial proceedings

Adducing expert evidence in financial proceedingsThis Practice Note provides guidance on the requirements for permission to adduce expert evidence and...

15th May

Practice notes

Vulnerable persons—participation and evidence in family proceedings

Vulnerable persons—participation and evidence in family proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the...

15th May

Practice notes

Disclosure or inspection orders in relation to non-parties

Disclosure or inspection orders in relation to non-partiesBackgroundThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) do not contain a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th May

Practice notes

Evidential issues for the final hearing of an application for a financial remedy

Evidential issues for the final hearing of an application for a financial remedyCoronavirus (COVID-19): Guidance has been issued, including by the...

15th May

Practice notes

Privilege in financial remedy proceedings

Privilege in financial remedy proceedingsIn financial proceedings there is an ongoing duty to provide full, frank, and clear disclosure. Such...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th May

Practice notes

Expert evidence in private children proceedings

Expert evidence in private children proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

15th May

Practice notes

Expert evidence in public children proceedings

Expert evidence in public children proceedingsThis Practice Note deals with expert evidence in public law children proceedings, including in care and...

15th May

Practice notes

Statements of truth in family proceedings

Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...

15th May

Practice notes

Calderbank offers in family proceedings

Calderbank offers in family proceedingsA Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank...

15th May

Practice notes

Evidence in public children proceedings

Evidence in public children proceedingsThis Practice Note deals with evidence in public children proceedings including admissibility, credibility,...

15th May

Practice notes

Standard orders—disclosure

Standard orders—disclosureThis Practice Note provides information about, and access to, disclosure standard orders, including a disclosure order for a...

15th May

Practice notes

Evidence in private law children proceedings

Evidence in private law children proceedingsNote that on 21 November 2017, the Ministry of Justice issued guidance on a police investigation into the...

15th May

Practice notes