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Notice of acting

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

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

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

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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov
Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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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...
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9th Nov
tag iconCOVID-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...
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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...
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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...
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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...
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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...
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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....
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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...
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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...
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9th Nov
tag iconCOVID-19 tag iconIn-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...
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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...
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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...
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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...
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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...
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9th Nov

Most recent Jurisdiction content

Practice notes

Jurisdictional issues in children proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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25th Nov
Practice notes

Domicile and habitual residence

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov
tag iconIn-house
Practice notes

Jurisdiction EU

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th Oct
Practice notes

Staying proceedings under the Domicile and Matrimonial Proceedings Act 1973

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th Oct
Practice notes

Staying proceedings under the inherent jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th Oct
Practice notes

Inherent and statutory jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th Oct
Practice notes

Jurisdiction in non-EU cases

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th Oct
Practice notes

Staying concurrent EU proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th Oct
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?

The English courts will grant a divorce to parties provided that there is jurisdiction to do so and the ground for divorce is made out. The court has...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Sep
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?

The jurisdiction of the courts of England and Wales is linked to where a child is determined to be habitually resident. As per Re B (A Child) at para...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 29th Sep
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?

This Q&A raises two particular issues, namely:•jurisdiction in respect of applications for non-molestation orders made by persons outside the UK,...
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Produced in partnership with Marissa Allman and Matthew Fletcher of The 36 Group and 1 Garden Court 28th Sep
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?

The courts in England and Wales have jurisdiction in relation to proceedings for divorce and judicial separation under Council Regulation EC 2201/2003...
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28th Sep
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?

The jurisdiction of the family courts in England and Wales derives from Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning...
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Produced in partnership with Matthew Fletcher of 1 Garden Court Chambers 28th Sep
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?

In matters relating to a divorce which commenced after 1 March 2005 (the date when Brussels IIA bis came into effect), jurisdiction lies with the...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
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?

Alterations of, or additions to, a petition may be made by amendment and a petition may be amended by adding an additional or substituted prayer, for...
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Produced in partnership with Paul Infield of The 36 Group 28th Sep
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)?

In cases involving multiple jurisdictions, it may be prudent to seek advice from a local specialist lawyer in each of the jurisdictions with which the...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 28th Sep
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 court will in certain circumstances judicially intervene whether by the exercise of the inherent jurisdiction of the High Court or the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
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 Family Law Act 1986 (FLA 1986) introduced provisions for the recognition of overseas divorces which took place on or after 4 April 1988. In...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
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?

Proceedings in respect of parental responsibilities and rights must comply with the jurisdictional requirements of Council Regulation (EC) 2201/2003...
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28th Sep
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?

Firstly, the applicant will need to ensure that the English court has jurisdiction to deal with the divorce proceedings. At present, both England and...
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28th Sep

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