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Latest Family News

UK accession to Lugano Convention—Is the door closing?

The following Arbitration news provides comprehensive and up to date legal information on UK accession to Lugano Convention—Is the door closing?

Enforcement in non-EU Member States (C (A Child))

The following Family news provides comprehensive and up to date legal information on Enforcement in non-EU Member States (C (A Child))

High Court’s severe criticism of a local authority’s serious failures (YY (Children—Conduct of the Local Authority))

The following Family news provides comprehensive and up to date legal information on High Court’s severe criticism of a local authority’s serious failures (YY (Children—Conduct of the Local Authority))

DOLS in the coronavirus (COVID-19) era—a deputy’s perspective

The following Family news provides comprehensive and up to date legal information on DOLS in the coronavirus (COVID-19) era—a deputy’s perspective

Featured Family content

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 12th Jan

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

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

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

Electronic signatures

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

13th Apr

COVID-19

In-house

Practice notes

Data protection principles

On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 12th Apr

Practice notes

UK GDPR and EU GDPR—sanctions and enforcement

On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the approach to...

12th Apr

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...

8th Apr

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...

1st Apr

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...

25th Mar

Practice notes

Introduction to the EU GDPR and UK GDPR

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...

24th Mar

In-house

Practice notes

Processing personal data—standard of consent

This Practice Note is based on the UK General Data Protection Regulation (UK GDPR) and consent guidance published by the Information Commissioner’s...

22nd Mar

Practice notes

Processing personal data—obtaining, recording and managing consent

This Practice Note is based on the UK GDPR and consent guidance published by the Information Commissioner’s Office (ICO).What is consent?Consent is...

22nd Mar

Precedents

Divorce—client guide

This document provides general guidance regarding divorce procedure. Your family lawyer will be able to provide specific advice based on your...

11th Mar

Precedents

Notice of acting

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

3rd Mar

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...

2nd Mar

Precedents

Leave to remove—client guide

This document provides general guidance regarding an application for leave to remove children permanently from the jurisdiction. Your family lawyer...

25th Feb

Precedents

Post-nuptial agreements—client guide

This document provides general guidance regarding post-nuptial agreements. Your family lawyer will be able to provide specific advice based on your...

14th Feb

Precedents

Pre-nuptial agreements—client guide

This document provides general guidance regarding pre-nuptial agreements. Your family lawyer will be able to provide specific advice based on your...

14th Feb

Precedents

Sears Tooth Agreement (Deed of Assignment to Secure Legal Costs)

This Deed is made the [insert date and month] 20[insert year]Parties1[Insert client's full name] of [insert client’s full address] (‘the Client'),...

14th Feb

Precedents

Parental responsibility—client guide

This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice...

14th Feb

Q&As

Can a civil partner register home rights against the former family home owned by the other civil partner and in relation to which there is a restriction in the proprietorship register referring to a discretionary trust (which names the civil partners and two other people)?

Where one spouse or civil partner (A) is entitled to occupy a dwelling-house, whether because they own it or have a tenancy, and the other spouse or...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb

Q&As

Can a non-owning former spouse register an interest in the matrimonial home after the divorce has been concluded but before a financial remedy order is finalised? If not, what protection, if any, is available?

Where no application has been made to extend home rights so that they do not come to an end on decree absolute per section 33(5) of the Family Law Act...

13th Feb

Q&As