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Notice of acting

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

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...

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...

The no order principle

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...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 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

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

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

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

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

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

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

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

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 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

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

Precedents

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...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

Most recent First interview content

Practice notes

Taking initial instructions from family clients

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

3rd Dec

Practice notes

Steps to take after a client meeting

File noteA file note (also known as an attendance note) should be prepared immediately after the first interview, and after every client...

3rd Dec

Practice notes

UK GDPR and EU GDPR—sanctions and enforcement

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

2nd Dec

Practice notes

Data protection principles

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 2nd Dec

Practice notes

Introduction to the EU GDPR and UK GDPR

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

2nd Dec

In-house

Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

30th Nov

COVID-19

In-house

Q&As

An individual has bought a property with a home rights notice registered against the title. While they have managed to register the transfer and their mortgage (the notice was registered before the mortgage), the notice is preventing them from remortgaging. Do they have any grounds to apply to the court for the removal of the notice?

Home rights or more properly matrimonial home rights are creatures of statute—the Matrimonial Homes Act 1967 as amended by the Family Law Act 1996...

Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov

Practice notes

Severance of a joint tenancy

Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...

29th Nov

Q&As

Is it acceptable for a draft order in family proceedings, that is to be made by consent, to be electronically signed by the parties?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 do not address the issue of electronic signatures directly, although CPR are clear on the...

Produced in partnership with Richard Colbey of Lamb Chambers 29th Nov

Precedents

Financial arrangements for children—client guide

This document provides general guidance regarding financial provision for children. Your family lawyer will be able to provide specific advice based...

29th Nov

Practice notes

Protection of home rights

During the course of a marriage or civil partnership where one spouse or civil partner is entitled to occupy a property by virtue of a beneficial...

29th Nov

Practice notes

Client care—family law

Client care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation Authority (SRA) 2019...

28th Nov

Practice notes

Non-court dispute resolution—mediation information and assessment meetings (MIAMs)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

28th Nov

Practice notes

Notices and restrictions

Notices and restrictions may be used to afford some limited protection of an asset comprising land or property, which comprises registered land, in...

28th Nov

Practice notes

Conflicts of interest—family law

Conflicts of interest can cause difficult and serious problems for solicitors and law firms, both from a compliance point of view and in client...

28th Nov

Practice notes

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

From 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and Regulations 2019 are in force, replacing the SRA Handbook and Code of...

28th Nov

Q&As

Can a unilateral notice be registered against a property owned by a party to financial remedy proceedings where that property is co-owned by a third party?

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other...

28th Nov

Q&As

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)?

This Q&A considers whether a Sears Tooth agreement can be entered into in a case brought under the Trusts of Land and Appointment of Trustees Act 1996...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Can a spouse register a home rights notice against land that adjoins the matrimonial home, as well as the house itself, when they are registered under two separate title numbers? Will the nature of the land and whether its use is integral to the use of the matrimonial home itself be a factor?

If two people are married (or in a civil partnership), and a property is owned solely in one spouse’s name, the other spouse can apply for a home...

Produced in partnership with 28th Nov

Q&As

Can a spouse or civil partner register home rights under Part IV of the Family Law Act 1996 where they do not live in the property in question and plan to live abroad? In what other way may a potential interest in a property be protected?

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse or civil partner is entitled to occupy a dwelling-house by virtue of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov