Practice and procedure

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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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20th Oct
Practice notes
Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...
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16th Oct
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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26th Sep
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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26th Sep
Practice notes
The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...
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26th Sep
Practice notes
This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...
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26th Sep
Practice notes
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
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26th Sep
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...
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26th Sep
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...
Read More >
26th Sep
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...
Read More >
26th Sep
Practice notes
Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...
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26th Sep
Practice notes
In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...
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26th Sep
Practice notes
The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...
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25th Sep
Practice notes
Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...
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25th Sep
Practice notes
This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...
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25th Sep
Practice notes
By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Practice and procedure content

Q&As
The court has the power to make final orders in financial remedy proceedings on the pronouncement of decree absolute. Other than certain interim...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
The rules about the service of application forms/notices and other documents in family proceedings outside of the jurisdiction of England and Wales,...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
It is assumed that this Q&A is asking about personal service of a divorce petition, given the reference to the ‘petitioner’. In the first instance, a...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
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, the question to be...
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Produced in partnership with Christi Scarborough of 42 Bedford Row 28th Sep
Q&As
A Form E is a financial statement used by a party in financial remedy proceedings to inform the court of their financial position. It concludes with a...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
Are there any cases in which the court considered post-separation and/or premarital acquired pensions?The division of pensions in financial remedy...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
An application for a transcript is made in Form EX107 (Request for transcription of court or tribunal proceedings). See also notes for guidance (Form...
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28th Sep
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.17(3)–(4) provide that a case may not be transferred from the Family Court to the High...
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28th Sep
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 Sep
Q&As
Notwithstanding the commitment by the President of the Family Division, Sir James Munby, to transparency and openness in the family courts, there...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Sep

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