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Non-court dispute resolution

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Latest Family News

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

The following Family news provides comprehensive and up to date legal information on Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

Division of assets in a short childless marriage (E v L)

Division of assets in a short childless marriage (E v L)

The following Family news provides comprehensive and up to date legal information on Division of assets in a short childless marriage (E v L)

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

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

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))

Featured Family content

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...

Third party debt order

Third party debt order

Third party debt orderA third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a...

Property adjustment orders—procedural issues and drafting the order

Property adjustment orders—procedural issues and drafting the order

Property adjustment orders—procedural issues and drafting the orderThis Practice Note provides practical guidance on procedural issues relating to an...

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...

Practice notes

Pension attachment orders

Pension attachment ordersThe power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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19th May
Practice notes

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May
Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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19th May
tag iconCOVID-19 tag iconIn-house
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...
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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...
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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...
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19th May
Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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19th May
Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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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...
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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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes

Standard orders—general principles

Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes

Undefended divorce proceedings

Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May
tag iconCOVID-19

Most recent Non-court dispute resolution content

Practice notes

Family arbitration—the role of the courts

Family arbitration—the role of the courtsThis Practice Note outlines the role of the courts in relation to family arbitration. In family cases,...
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27th Jul
Practice notes

Standard orders—arbitration

Standard orders—arbitrationThis Practice Note provides information about, and access to, arbitration standard orders issued by the President of the...
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14th Jul
Precedents

Non-court dispute resolution—client guide

Non-court dispute resolution—client guideThis document provides general guidance regarding alternatives to court in family law matters including the...
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23rd Jun
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?

Where there are ongoing proceedings under section 8 of the Children Act 1989 (ChA 1989), in relation to which a mediation information and assessment...
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5th Jun
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?

Where the parties to a divorce have attended mediation relating to financial matters, will a letter marked as an ‘open letter’ referring to the...
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5th Jun
Practice notes

Non-court dispute resolution—mediation information and assessment meetings (MIAMs)

Non-court dispute resolution—mediation information and assessment meetings (MIAMs)Coronavirus (COVID-19): Guidance has been issued, including by the...
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5th Jun
Practice notes

Collaborative law

Collaborative lawFeaturesThe collaborative process involves the instruction by each party of a collaborative lawyer and the entering into of a...
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Produced in partnership with Suzanne Kingston of Mills & Reeve 5th Jun
Practice notes

Developments in mediation [Archived]

Developments in mediation [Archived]ARCHIVED: This archived Practice Note relates to developments in mediation practice up to April 2014. It is...
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5th Jun
Practice notes

Family arbitration—introduction

Family arbitration—introductionThis Practice Note outlines the process of arbitration in family cases, which has been available for financial disputes...
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Produced in partnership with Suzanne Kingston of Mills & Reeve 5th Jun
Practice notes

Private financial dispute resolution appointments and early neutral evaluation

Private financial dispute resolution appointments and early neutral evaluationThis Practice Note provides guidance on private financial dispute...
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Produced in partnership with Rhys Taylor MCIArb of The 36 Group and 30 Park Place 5th Jun
Practice notes

Non-court dispute resolution glossary

Non-court dispute resolution glossaryThis Practice Note sets out commonly used terms and their meaning in the non-court dispute resolution processes...
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Produced in partnership with Suzanne Kingston of Mills & Reeve 5th Jun
Practice notes

Mediation assessment or intake meetings [Archived]

Mediation assessment or intake meetings [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It considers the purpose and...
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5th Jun
Practice notes

Introduction to non-court dispute resolution

Introduction to non-court dispute resolutionCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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5th Jun
Practice notes

Mediation—introduction

Mediation—introductionThis Practice Note sets out the features of mediation, the cases in which it will be most appropriate and the advantages of the...
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Produced in partnership with Suzanne Kingston of Mills & Reeve 5th Jun
Practice notes

Mediation—process

Mediation—processThis Practice Note details the process of mediation and issues to be considered by the parties' solicitors prior to, during and after...
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Produced in partnership with Suzanne Kingston of Mills & Reeve 5th Jun
Precedents

Letter to client (applicant) explaining MIAM requirements

Letter to client (applicant) explaining MIAM requirementsDear [client name]Mediation Information and Assessment Meeting (MIAM)Court rules require that...
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5th Jun

Popular documents

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10 December 1982Entry into Force16 November 1994Full textUnited Nations Convention on the Law of the SeaSubject [Catchwords]International Law of the

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also

Involuntary manslaughter

Involuntary manslaughter

Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)