Jurisdiction

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Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
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...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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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,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Practice notes
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Precedents
To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...
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19th May

Most recent Jurisdiction content

Practice notes
EU collection—FamilyThis page collects together Family content that addresses matters of EU law.For information on EU law generally, see EU structure,...
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24th Jun
Practice notes
Recognition of overseas divorce or dissolution of civil partnership11pm (GMT) on 31 December 2020 marked the end of the Brexit...
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11th Jun
Q&As
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...
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11th Jun
Practice notes
Choice of court agreementsThis Practice Note examines the development of the role of choice of court agreements in the family jurisdiction in England...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 10th 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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 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?The...
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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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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...
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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...
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5th Jun
Practice notes
Staying proceedings under the inherent jurisdiction31 December 2020 marked the end of the Brexit transition/implementation period entered into...
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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 ConventionThe Convention of 1 June 1970 on the Recognition of Divorces and Legal...
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5th Jun
Practice notes
Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 5th Jun

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