Fundamental principles

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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 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
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
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
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
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
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
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
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
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...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 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
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
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
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
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...
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9th Nov
Practice notes
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

Most recent Fundamental principles content

Precedents
In the Family Court sitting at [court name]No: [case number]Sitting at [insert place]The Human Fertilisation and Embryology Act 2008 section 54The...
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24th Nov
Precedents
In the Family Court sitting at [court name]No: [case number]The Human Fertilisation and Embryology Act 2008 section 54The Family Procedure Rules 2010...
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24th Nov
Practice notes
This Practice Note provides information about, and access to, parental order standard orders issued by the President of the Family Division, Sir James...
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24th Nov
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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21st Oct
Practice notes
In Re G (children) (residence: same-sex partner) Baroness Hale summarised the three ways in which an individual can become a parent (at paras...
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19th Oct
Q&As
When the mother and father of a child are married there is a legal presumption that the husband is the biological father of the child. For this...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
The question of who is a parent is fundamental to a child. In Re G (Children) (FC), Baroness Hale set out that there are at least three ways in which...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Section 1(2A) of the Children Act 1989 (ChA 1989) is a relatively new provision within ChA 1989, s 1, having been inserted on 22 October 2014 by...
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28th Sep
Q&As
A putative father of a child only obtains parental responsibility for that child if one of the criteria in the Children Act 1989 (ChA 1989) is...
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Produced in partnership with Kyle Squire of 5 Pump Court 28th Sep
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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27th Sep
Practice notes
The principle of avoidance of delayIn any proceedings in which any question with respect to the upbringing of a child arises, the court must have...
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26th Sep
Practice notes
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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25th Sep
Practice notes
Application of the checklistThe Children Act 1989 (ChA 1989) contains a checklist of factors (commonly referred to as the statutory checklist or the...
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25th Sep
Practice notes
This Practice Note provides information about, and access to, medical treatment standard orders issued by the President of the Family Division, Sir...
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25th Sep
Practice notes
The welfare of more than one childIn situations where the welfare of two children who have conflicting interests is inextricably linked, the court...
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25th Sep
Practice notes
Presumption of continued parental involvementPursuant to section 1(2A) of the Children Act 1989 (ChA 1989), which was inserted by section 11 of the...
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25th Sep
Practice notes
Presumption of continued parental involvementWhen section 11 of the Children and Families Act 2014 (CFA 2014) came into force on 22 October 2014 it...
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25th Sep

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