Pre-action

View Family by content type:

Latest Family News

Featured Family content

Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
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...
Read More >
9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
Read More >
9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
Read More >
9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
Read More >
9th Nov
Practice notes
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...
Read More >
Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
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...
Read More >
9th Nov
Practice notes
The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...
Read More >
9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
Read More >
9th Nov

Most recent Pre-action content

Q&As
Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse (or civil partner) has the right to occupy a dwelling house, the other...
Read More >
13th Feb
Q&As
There are two courts in Scotland where actions of divorce and dissolution can be raised—the sheriff court local to one or both of the parties, and the...
Read More >
13th Feb
Q&As
This Q&A considers whether a Sears Tooth agreement can be entered into in a case brought under the Trusts of Land and Appointment of Trustees Act 1996...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
Where a solicitor has placed themselves on the court record in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 26.2, and...
Read More >
13th Feb
Q&As
If two people are married (or in a civil partnership), and a property is owned solely in one spouse’s name, the other spouse can apply for a home...
Read More >
Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
Read More >
8th Feb
Q&As
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...
Read More >
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 2nd Feb
Q&As
Proceedings in respect of parental responsibilities and rights must comply with the jurisdictional requirements of Council Regulation (EC) 2201/2003...
Read More >
2nd Feb
Practice notes
In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership...
Read More >
2nd Feb
Q&As
This Q&A raises two particular issues, namely:•jurisdiction in respect of applications for non-molestation orders made by persons outside the UK,...
Read More >
Produced in partnership with Marissa Allman and Matthew Fletcher of The 36 Group and 1 Garden Court 2nd Feb
Practice notes
This page collects together Family content that addresses matters of EU law.For information on EU law generally, see EU structure, EU legislative...
Read More >
1st Feb
Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
Read More >
1st Feb

Popular documents