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Latest Family News

Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

The following Family news provides comprehensive and up to date legal information on Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

The following Family news provides comprehensive and up to date legal information on From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

The following Family news provides comprehensive and up to date legal information on Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

Non-matrimonial inherited assets accrued post-separation balanced against the needs of a party with declining health and limited life expectancy (ND (by her litigation friend) v GD)

Featured Family content

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...

Filing the divorce petition and supporting documents

Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...

Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...

19th May

Practice notes

Desertion

DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...

19th May

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)?

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

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

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...

19th May

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

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

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

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

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

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

19th May

Practice notes

Divorce centres [Archived]

Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...

19th May

Precedents

Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...

19th May

Most recent Jurisdiction content

Practice notes

EU collection—Family

EU collection—FamilyThis page collects together Family content that addresses matters of EU law.For information on EU law generally, see EU structure,...

24th Jun

Practice notes

Recognition of overseas divorce or dissolution of civil partnership

Recognition of overseas divorce or dissolution of civil partnership11pm (GMT) on 31 December 2020 marked the end of the Brexit...

11th Jun

Q&As

Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?

Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?There are two courts in Scotland where...

11th Jun

Scottish Law

Practice notes

Choice of court agreements

Choice of court agreementsThis Practice Note examines the development of the role of choice of court agreements in the family jurisdiction in England...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 10th Jun

Q&As

Where a divorce petition was issued relying on domicile as the basis for jurisdiction, and the petitioner would now satisfy the requirements as to habitual residence, is it possible to amend the petition and add habitual residence as a basis for jurisdiction, or is it necessary to file a new petition?

Where a divorce petition was issued relying on domicile as the basis for jurisdiction, and the petitioner would now satisfy the requirements as to...

Produced in partnership with Paul Infield of The 36 Group 5th Jun

Q&As

The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the decree absolute has not been received as it has been lost by the court, which has been unable to locate it. Are the parties now able to start divorce proceedings in England and Wales? One spouse now resides in the UK, and the other spouse still resides in the non-EU jurisdiction.

The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

One parent is a British citizen and the other parent is a citizen of Denmark, where the parties child was born. Subsequently the parties and the child lived for most of the child’s life in a non-EU country. The parents returned to the UK with the child three months ago and one parent now wishes to return to the non-EU country with the child. Will the courts in England and Wales have regard to how long the child has been in the UK as to their jurisdiction? Will the position be different post-Brexit?

One parent is a British citizen and the other parent is a citizen of Denmark, where the parties child was born. Subsequently the parties and the child...

Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers 5th Jun

Q&As

Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved to, and is habitually resident in, a non-EU Member State?

Is there a specific period of time for which the courts in England and Wales will retain jurisdiction in a children matter after the child has moved...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets in England and Romania. Can a jurisdiction clause be included in the parties’ post-nuptial agreement stating that they agree that their divorce is to be dealt with in the courts of England and Wales and/or choice of law provision for the matter to be dealt with under English law? Would the position be different once the UK is no longer subject to EU regulations (ie post-Brexit)?

One party is English and the other Russian. They married in Romania and then moved to a non-EU country for one party’s work, while maintaining assets...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 5th Jun

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 5th Jun

Q&As

If divorce proceedings are commenced in England against a respondent living in Ireland, will the issue of the divorce petition mean that the English court automatically has jurisdiction in relation to financial matters as well or is it necessary to issue a Form A to ensure that the English court has jurisdiction in relation to financial matters?

If divorce proceedings are commenced in England against a respondent living in Ireland, will the issue of the divorce petition mean that the English...

5th Jun

Q&As

A couple are British citizens, and lived in England until 2016. They still have properties in England and complete UK tax returns. In 2016, they moved to another EU country for one party’s job on a three-year contract. Do the courts in England and Wales have jurisdiction as to the issue of divorce proceedings?

A couple are British citizens, and lived in England until 2016. They still have properties in England and complete UK tax returns. In 2016, they moved...

5th Jun

Q&As

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?The...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party issue an application for a financial order in England?

Where parties to a divorce were living in England at the time that divorce proceedings were commenced and are now living in Spain can either party...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

Divorce proceedings were issued in England and Wales on the basis of the petitioner’s indication as to domicile in England as their permanent home. Both parties are resident abroad but own a property in England and Wales. Having originally accepted the jurisdictional basis of the petition for convenience, can the respondent now contest jurisdiction in relation to financial proceedings?

Divorce proceedings were issued in England and Wales on the basis of the petitioner’s indication as to domicile in England as their permanent home....

Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun

Q&As

A party, who is resident in England and Wales, is harassing their former spouse, who resides permanently in Hong Kong, via email and social media. Do the courts in England and Wales have jurisdiction to make a non-molestation order under the Family Law Act 1996 (FLA 1996) in such circumstances?

A party, who is resident in England and Wales, is harassing their former spouse, who resides permanently in Hong Kong, via email and social media. Do...

Produced in partnership with Marissa Allman and Matthew Fletcher of The 36 Group and 1 Garden Court 5th Jun

Q&As

Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should proceedings be issued?

Where the proposed applicant for a child arrangements order lives in England, but the child and the parent with care live in Scotland, where should...

5th Jun

Practice notes

Staying proceedings under the inherent jurisdiction

Staying proceedings under the inherent jurisdiction31 December 2020 marked the end of the Brexit transition/implementation period entered into...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun

Practice notes

Recognition of divorce and legal separation under the 1970 Hague Convention

Recognition of divorce and legal separation under the 1970 Hague ConventionThe Convention of 1 June 1970 on the Recognition of Divorces and Legal...

5th Jun

Practice notes

Domicile and habitual residence

Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun

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Jurisdiction

View Family by content type:

Latest Family News

Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))

From chaos comes order—High Court provides procedural guidance on challenging a financial remedy arbitral award (A v A (arbitration guidance))

Guidance on the use of the resolutions model within public law proceedings (Re J (A Child) (Resolutions Model))

Non-matrimonial inherited assets accrued post-separation balanced against the needs of a party with declining health and limited life expectancy (ND (by her litigation friend) v GD)

Featured Family content

Interim orders in public children proceedings

Capitalised maintenance—Duxbury calculations

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

Filing the divorce petition and supporting documents

Most recent Jurisdiction content

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Sale of treasury shares

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