Non-court dispute resolution

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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

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...

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

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

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

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 Non-court dispute resolution content

Practice notes

Family arbitration—the role of the courts

This Practice Note outlines the role of the courts in relation to family arbitration. In family cases, arbitration will take place under the Institute...

29th Nov

Practice notes

Developments in mediation [Archived]

ARCHIVED: This archived Practice Note relates to developments in mediation practice up to April 2014. It is therefore for historical purposes only and...

29th Nov

Practice notes

Family arbitration—introduction

This Practice Note outlines the process of arbitration in family cases, which has been available for financial disputes since March 2012, and for...

Produced in partnership with Suzanne Kingston of Mills & Reeve 29th Nov

Practice notes

Mediation assessment or intake meetings [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. It considers the purpose and mechanics of mediation assessment intake meetings...

28th Nov

Practice notes

Non-court dispute resolution glossary

This Practice Note sets out commonly used terms and their meaning in the non-court dispute resolution processes of family mediation, collaborative law...

Produced in partnership with Suzanne Kingston of Mills & Reeve 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

Mediation—process

This Practice Note details the process of mediation and issues to be considered by the parties' solicitors prior to, during and after the mediation...

Produced in partnership with Suzanne Kingston of Mills & Reeve 28th Nov

Practice notes

Mediation—introduction

This Practice Note sets out the features of mediation, the cases in which it will be most appropriate and the advantages of the mediation process.What...

Produced in partnership with Suzanne Kingston of Mills & Reeve 28th Nov

Practice notes

Private financial dispute resolution appointments and early neutral evaluation

The financial dispute resolution appointment (FDR) process, as provided for in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.17 and FPR...

Produced in partnership with Rhys Taylor MCIArb of The 36 Group and 30 Park Place 28th Nov

Practice notes

Introduction to non-court dispute resolution

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

Q&As

Where there are ongoing proceedings under section 8 of the Children Act 1989 (ChA 1989), in relation to which a mediation information and assessment (MIAM) exemption was claimed on the basis of urgency, can a MIAM exemption be claimed on the same basis for subsequent ChA 1989, Sch 1 proceedings or will they be treated as separate proceedings?

The pre-application requirement for attendance at a mediation information and assessment meeting (MIAM) is set out in the Family Procedure Rules 2010...

28th Nov

Q&As

Where the parties to a divorce have attended mediation relating to financial matters, will a letter marked as an ‘open letter’ referring to the without prejudice discussions at mediation, and to the contents of a letter marked without prejudice, be admissible should the matter proceed to court?

Mediation is a process by which an independent qualified mediator works with a couple to help them come to a mutual agreement. One of the main...

28th Nov

Precedents

Non-court dispute resolution—client guide

This document provides general guidance regarding alternatives to court in family law matters including the requirement to attend a mediation...

28th Nov

Precedents

Letter to client (applicant) explaining MIAM requirements

Dear [client name]Mediation Information and Assessment Meeting (MIAM)Court rules require that before making an application to issue certain kinds of...

28th Nov

Practice notes