Relationship breakdown

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Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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19th May
Practice notes
Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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19th May
Practice notes
The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...
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Produced in partnership with David Gallagher of Fieldfisher 19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Practice notes
Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes
Procedure for an application for an occupation orderProcedure for an application for an occupation order—Covid-19In the exceptional circumstances of...
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19th May
Practice notes
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—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
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
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
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Precedents
To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...
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19th May
Practice notes
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

Most recent Relationship breakdown content

Q&As
Where judicial separation proceedings have been commenced, can the petitioner then seek a decree of divorce?A decree of judicial separation does not...
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1st Aug
Q&As
Is there a restriction on applying for decree absolute where the parties remain living in the matrimonial home?A decree nisi may not be made absolute...
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1st Aug
Q&As
Can a marriage be voidable on the grounds of willful refusal to consummate if the parties had sexual intercourse together prior to the marriage, but...
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1st Aug
Q&As
Can a district judge grant the decree nisi at the first appointment of a financial remedy application, where both parties are present and in agreement...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Q&As
Is it possible to amend a divorce petition relying on two years separation to one relying on five years separation where the period of separation was...
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1st Aug
Q&As
What is the procedure to make an application for an order staying decree absolute under the inherent jurisdiction of the court? Which form should be...
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Produced in partnership with Nicholas Starks of St Ives Chambers 1st Aug
Q&As
Can a party to a bigamous marriage claim financial relief within proceedings for a decree of nullity in relation to that marriage?Bigamy is forbidden...
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1st Aug
Q&As
Is adultery a fact that may be relied upon to establish irretrievable breakdown for the dissolution of opposite-sex civil partnerships under the Civil...
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1st Aug
Q&As
Where the respondent does not admit adultery, how may it be proved?In order for a court to find that a marriage has irretrievably broken down, the...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug
Q&As
If a respondent in divorce proceedings has filed a cross-petition, will subsequently filing an acknowledgment of service to the divorce petition out...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
Can the costs or court fees of the detailed assessment process be included in the bill of costs?The relevant costs provisions are set out in the...
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1st Aug
Q&As
If a husband and wife have been married for over 20 years and the husband then has gender reassignment surgery and is now recognised as a woman, is...
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1st Aug
Q&As
How can a divorce proceed where the respondent lacks capacity? How can financial matters on divorce be dealt with if respondent lacks capacity?Where a...
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1st Aug
Q&As
Where personal service has been effected on a respondent, and a certificate of service completed, is there any requirement for the petitioner to make...
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1st Aug
Q&As
What is the authority for the court to grant cross-decrees on divorce petitions and what is the procedure to apply for decree absolute where there are...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 1st Aug
Q&As
At what stage should a respondent who objects to paying the costs of divorce proceedings attend court to oppose an order for costs?On an uncontested...
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1st Aug
Q&As
What is the process for applying for decree absolute and how can it be expedited?Applying for decree absoluteThe general rule is that a decree nisi or...
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1st Aug

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