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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...
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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...
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9th Nov
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...
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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....
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
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...
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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Pre-action content

Q&As
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 Jan
Q&As
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 29th Jan
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....
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Produced in partnership with David Salter, deputy High Court judge and Recorder 28th Jan
Practice notes
Solicitors Regulation Authority 2019 regulatory regimeFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and Regulations 2019...
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27th Jan
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 >
Produced in partnership with David Salter, deputy High Court judge and Recorder 27th Jan
Practice notes
31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU (referred to in...
Read More >
Produced in partnership with David Salter, deputy High Court judge and Recorder 26th Jan
Practice notes
31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU (referred to in...
Read More >
Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan
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...
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17th Jan
Practice notes
File noteA file note (also known as an attendance note) should be prepared immediately after the first interview, and after every client...
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17th Jan
Practice notes
This Practice Note details the process of mediation and issues to be considered by the parties' solicitors prior to, during and after the mediation...
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Produced in partnership with Suzanne Kingston of Mills & Reeve 17th Jan
Practice notes
Conflicts of interest can cause difficult and serious problems for solicitors and law firms, both from a compliance point of view and in client...
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17th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. It considers the purpose and mechanics of mediation assessment intake meetings...
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17th Jan
Practice notes
During the course of a marriage or civil partnership where one spouse or civil partner is entitled to occupy a property by virtue of a beneficial...
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17th Jan
Q&As
Section 30 of the Family Law Act 1996 (FLA 1996) provides that where one spouse or civil partner is entitled to occupy a dwelling-house by virtue of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 do not address the issue of electronic signatures directly, although CPR are clear on the...
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Produced in partnership with Richard Colbey of Lamb Chambers 8th Jan
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 rights...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan

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