LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Evidence and disclosure

View Family by content type:

News
Practice notes
Precedents
Q&As

Latest Family News

Q&A—HMCTS family public law and adoption online portal

Q&A—HMCTS family public law and adoption online portal

The following Family news provides comprehensive and up to date legal information on Q&A—HMCTS family public law and adoption online portal

Family proceedings court fee increases from 30 September 2021

Family proceedings court fee increases from 30 September 2021

The following Family news provides comprehensive and up to date legal information on Family proceedings court fee increases from 30 September 2021

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

The following Family news provides comprehensive and up to date legal information on Court of Appeal guidance on jurisdiction in transitional cases (Re X (Children) (Article 61 BIIa))

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

The following Family news provides comprehensive and up to date legal information on Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)

Featured Family content

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?

Making a complaint to the Pensions Ombudsman—what is involved?As a result of the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution...

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Procedure for an application for an occupation order

Procedure for an application for an occupation order

Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...

The ground for divorce

The ground for divorce

The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...

Practice notes

Occupation orders

Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
Read More >
19th May
tag iconCOVID-19
Practice notes

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
Read More >
19th May
Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
Read More >
19th May
Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
Read More >
19th May
Practice notes

Pensions and judicial separation

Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
Read More >
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes

Mesher and Martin orders

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...
Read More >
19th May
Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
Read More >
19th May
Precedents

Letter to court applying for decree absolute more than 12 months after decree nisi

Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
Read More >
19th May
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
Read More >
19th May
Practice notes

Void and voidable marriages

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...
Read More >
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, what evidence will the court require in order to approve the order?

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,...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
Read More >
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 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...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
Read More >
19th May
Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
Read More >
19th May

Most recent Evidence and disclosure content

Practice notes

Dealing with competing matrimonial claims in confiscation proceedings

Dealing with competing matrimonial claims in confiscation proceedingsCompeting matrimonial claims—the issueSince the introduction of the Proceeds of...
Read More >
Produced in partnership with Sarah Wood of 5 St Andrew's Hill 24th Sep
Q&As

What is the liability of the parties in a situation in which an expert has partly completed enquiries but has not produced a report and is then, due to health reasons, unable to complete their report? Can the court itself be asked to bear such abortive costs?

What is the liability of the parties in a situation in which an expert has partly completed enquiries but has not produced a report and is then, due...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 7th Sep
Q&As

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful behaviour such as stalking, harassment or breach of privacy?

Is there any case law that addresses when hiring a private investigator, or the actions of a private investigator, crosses the boundary into unlawful...
Read More >
Produced in partnership with Tori Adams of 4 King’s Bench Walk 24th Aug
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...
Read More >
23rd Aug
Q&As

Is there a form for the summary assessment of means as to the respective contributions of the parties towards the costs of an expert in private law children proceedings? If not, how will the court make an assessment of what the parties’ contributions should be?

Is there a form for the summary assessment of means as to the respective contributions of the parties towards the costs of an expert in private law...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

Where a party to financial proceedings has a new partner, and says they have no knowledge as to their partner's income and capital, can the court make an order for disclosure?

Where a party to financial proceedings has a new partner, and says they have no knowledge as to their partner's income and capital, can the court make...
Read More >
Produced in partnership with Christi Scarborough of 42 Bedford Row 18th Aug
Q&As

If one party to financial remedy proceedings on divorce has a very significant inheritance at the outset of the proceedings what are the requirements for them to disclose the extent of that inheritance and when? Can requests for information be made of third parties eg the executor?

If one party to financial remedy proceedings on divorce has a very significant inheritance at the outset of the proceedings what are the requirements...
Read More >
Produced in partnership with Nick Starks of St. Ives Chamber 18th Aug
Q&As

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to purchase a property, what are the considerations for a potential application to set aside a financial consent order?

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to...
Read More >
18th Aug
Q&As

The parties to children proceedings have been ordered to provide a position statement in response to a CAFCASS report. Should the content of the statement be as in a usual position statement, or as in a witness statement?

The parties to children proceedings have been ordered to provide a position statement in response to a CAFCASS report. Should the content of the...
Read More >
Produced in partnership with Maria Scotland of 5 St Andrews Hill 18th Aug
Q&As

Are there any limitations as to the circumstances in which the Family Procedure Rules 2010, 29.1 as to the disclosure of personal details will apply? Can Form C8 be submitted to protect a party’s contact details in a financial statement in Form E? If the property in question is one which the party has an interest in, does the duty of disclosure take precedence over the need to protect the party's contact details?

Are there any limitations as to the circumstances in which the Family Procedure Rules 2010, 29.1 as to the disclosure of personal details will apply?...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As

In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions raised to clarify the report? If so, how are those costs apportioned between the parties, eg are they shared equally if the costs of the expert report are to be paid equally or does the party raising the questions pay?

In financial proceedings, is a jointly instructed expert entitled to charge for dealing with questions raised to clarify the report? If so, how are...
Read More >
Produced in partnership with Nicholas Starks of St Ives Chambers 18th Aug
Q&As

What are the implications where a solicitor has signed a financial statement in Form E on their client’s behalf and that Form E is subsequently been found to contain material omissions in respect of the party's income and assets?

What are the implications where a solicitor has signed a financial statement in Form E on their client’s behalf and that Form E is subsequently been...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

When is permission required to file expert evidence in children proceedings?

When is permission required to file expert evidence in children proceedings?Legislative provisionsThe legislative provisions regarding expert evidence...
Read More >
18th Aug
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? Can a protected party’s solicitor be appointed as their litigation friend?

What is the procedure to appoint a litigation friend in financial remedy proceedings? Which form is required and what evidence is required in support?...
Read More >
18th Aug
Q&As

Where voluntary disclosure is dealt with by the exchange of Forms E, is there a requirement for a signed statement of truth?

Where voluntary disclosure is dealt with by the exchange of Forms E, is there a requirement for a signed statement of truth?The pre-action protocol...
Read More >
18th Aug
Q&As

Within financial remedy proceedings, the respondent’s solicitors have requested copies of correspondence from solicitors and insurers as to liability and quantum, and copies of any counsel’s advice, in relation to a personal injury claim. Much of the documentation is subject to privilege. While the amount of damages recovered will be a resource that the court may have regard to, does the duty of full and frank disclosure override privilege in such circumstances?

Within financial remedy proceedings, the respondent’s solicitors have requested copies of correspondence from solicitors and insurers as to liability...
Read More >
18th Aug
Q&As

In public children proceedings, do any questions to an expert after the filing of the expert’s report have to be approved by the court, before they are sent to the expert? If not, what right does a party have to object to questions put by another party?

In public children proceedings, do any questions to an expert after the filing of the expert’s report have to be approved by the court, before they...
Read More >
18th Aug
Q&As

In financial remedy proceedings, can a litigant in person exhibit to a section 25 statement a number of documents from other sets of proceedings the parties are engaged in (eg a Cafcass report, child arrangements order and a transcript of the hearing in Family Law Act proceedings)? Do the Family Procedure Rules 2010 make provision for this, and is the leave of the court required to exhibit these documents?

In financial remedy proceedings, can a litigant in person exhibit to a section 25 statement a number of documents from other sets of proceedings the...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As

In financial remedy proceedings where it is believed that the parties’ adult children may hold financial documentation, belonging to one parent but held on behalf of the other parent, how can the parent to whom the documentation belongs compel the children to disclose the information to them and the court?

In financial remedy proceedings where it is believed that the parties’ adult children may hold financial documentation, belonging to one parent but...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As

A party to financial proceedings is a director and shareholder of a private limited company, and the other party to the proceedings has requested management accounts for that company. There are multiple directors and the managing director has refused to allow any information to be released. Can the managing director refuse to release information, and if not what steps can be taken?

A party to financial proceedings is a director and shareholder of a private limited company, and the other party to the proceedings has requested...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Popular documents

Capital allowances on property sales—pre-contract enquiries

Capital allowances on property sales—pre-contract enquiries

Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses

Lexcel—assessment

Lexcel—assessment

Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In