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Latest Family News

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)

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)

What do English local authorities need to know when placing a child in Scotland?

The following Family news provides comprehensive and up to date legal information on What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—August 2021

Featured Family content

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

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...

19th May

COVID-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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

19th May

Most recent Service content

Q&As

Where the home address of the respondent is unknown, and an inquiry agent has been unable to find them, is it permissible to serve a divorce petition on a respondent at work?

Where the home address of the respondent is unknown, and an inquiry agent has been unable to find them, is it permissible to serve a divorce petition...

18th Aug

Q&As

Can a divorce petition be served outside the jurisdiction of England and Wales?

Can a divorce petition be served outside the jurisdiction of England and Wales?The rules governing service in family proceedings are contained in Part...

18th Aug

Q&As

On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?

On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Q&As

Does the court in England and Wales have jurisdiction in relation to divorce proceedings where the petitioner lives in England and the respondent lives in Spain? Is the petitioner responsible for service of the petition on the respondent in Spain and if so, what is the procedure?

Does the court in England and Wales have jurisdiction in relation to divorce proceedings where the petitioner lives in England and the respondent...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

How can a divorce petition be served on a respondent living in India?

How can a divorce petition be served on a respondent living in India?The rules governing service in family proceedings are contained in Part 6 of the...

18th Aug

Q&As

Where a respondent to an unreasonable behaviour petition has returned a signed acknowledgment of service, but has failed to indicate whether they intend to defend the proceedings, can an application be made for deemed service based on that original acknowledgment, or will service by a process server be required?

Where a respondent to an unreasonable behaviour petition has returned a signed acknowledgment of service, but has failed to indicate whether they...

18th Aug

Q&As

In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social services be ordered to serve the respondent?

In private law children proceedings under the Children Act 1989, where the whereabouts of the respondent is unknown to the applicant, can social...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an alternative method?

Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an...

18th Aug

Q&As

Where personal service has been effected on a respondent, and a certificate of service completed, is there any requirement for the petitioner to make a separate application in addition to the application for decree nisi?

Where personal service has been effected on a respondent, and a certificate of service completed, is there any requirement for the petitioner to make...

18th Aug

Q&As

If a respondent’s home address and place of work are unknown to the petitioner, is it possible for the respondent to be personally served when they attend a court appointment in relation to separate court proceedings?

If a respondent’s home address and place of work are unknown to the petitioner, is it possible for the respondent to be personally served when they...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application and notice of hearing on someone who is in prison?

Where a respondent is currently being held in police custody, what is the process for serving a non-molestation order and occupation order application...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

If a petitioner wishes to commence divorce proceedings on the basis of the respondent's desertion but does not know where the respondent is and has no contact with their family or friends what steps should the petitioner take in relation to service of the petition?

If a petitioner wishes to commence divorce proceedings on the basis of the respondent's desertion but does not know where the respondent is and has no...

18th Aug

Q&As

If the whereabouts of the respondent to an application under section 8 of the Children Act 1989 are unknown what steps should the applicant take regarding service?

If the whereabouts of the respondent to an application under section 8 of the Children Act 1989 are unknown what steps should the applicant take...

18th Aug

Q&As

Where documents in family proceedings are to be served on a party in an EU Member State (under the EU Service Regulation or otherwise), what is the procedure to be followed?

Where documents in family proceedings are to be served on a party in an EU Member State (under the EU Service Regulation or otherwise), what is the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

What is the procedure to effect service of a divorce petition issued in England and Wales on a respondent living in the USA?

What is the procedure to effect service of a divorce petition issued in England and Wales on a respondent living in the USA?The rules about the...

18th Aug

Q&As

In relation to service of the divorce petition on the respondent, if the petitioner has seen the respondent with the envelope containing the divorce papers but they are refusing to open the envelope, would this be sufficient proof of service?

In relation to service of the divorce petition on the respondent, if the petitioner has seen the respondent with the envelope containing the divorce...

18th Aug

Q&As

What is the procedure for service of a divorce petition (issued in England) on a respondent in Singapore?

What is the procedure for service of a divorce petition (issued in England) on a respondent in Singapore?The rules as to the service of application...

18th Aug

Q&As

Can a respondent be served with a divorce petition while in prison and can an application be made for deemed service?

Can a respondent be served with a divorce petition while in prison and can an application be made for deemed service?Once an application for a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Can a divorce petition be served by sending it to a PO box address?

Can a divorce petition be served by sending it to a PO box address?It is assumed that it is intended to serve the petition within the jurisdiction of...

18th Aug

Q&As

Can service of a divorce petition be attempted both via the court bailiff and by a process server at the same time?

Can service of a divorce petition be attempted both via the court bailiff and by a process server at the same time?Part 6 of the Family Procedure...

18th Aug

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Latest Family News

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)

What do English local authorities need to know when placing a child in Scotland?

Family monthly highlights—August 2021

Featured Family content

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

Working with counsel

Procedure for an application for an occupation order

The ground for divorce

Most recent Service content

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Rescission of a contract

Breach of statutory duty

Form of transfer of shares

Common financial covenants

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