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Latest Family News

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

The following Dispute Resolution news provides comprehensive and up to date legal information on Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit: policy paper for cross-border framework—an EU perspective

Brexit: policy paper for cross-border framework—an EU perspective

The following Arbitration news provides comprehensive and up to date legal information on Brexit: policy paper for cross-border framework—an EU perspective

Brexit SI Bulletin—drafts laid for sifting on 13 September 2018

Brexit SI Bulletin—drafts laid for sifting on 13 September 2018

The following Commercial news provides comprehensive and up to date legal information on Brexit SI Bulletin—drafts laid for sifting on 13 September 2018

UK formally triggers Article 50—what is the next target?

UK formally triggers Article 50—what is the next target?

The following Banking & Finance news provides comprehensive and up to date legal information on UK formally triggers Article 50—what is the next target?

Featured Family content

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...

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

The no order principle

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...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

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

Decree absolute—divorce

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

Grounds for judicial separation

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

Drafting the terms of a financial consent order

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

Capitalised maintenance—Duxbury calculations

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

Emergency prohibited steps and child arrangements orders

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 grounds on which a marriage is void

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

Undefended divorce proceedings

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

Void and voidable marriages

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

Working with counsel

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 12th Jan
Practice notes

Child Arrangements Programme—the procedure for section 8 applications

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
tag iconCOVID-19 tag iconIn-house
Practice notes

Statements of truth in family proceedings

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
Precedents

Specimen statement of issues for a first appointment—financial remedy application

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

The grounds on which a marriage is voidable

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

General principles—lump sum orders

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
Practice notes

Declarations of parentage—procedure

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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9th Nov

Most recent Divorce content

Practice notes

Jurisdiction for petitions for divorce and judicial separation

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 19th Jan
Practice notes

Service of applications for matrimonial and civil partnership orders within the jurisdiction

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes

Online divorce procedure

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
17th Jan
Practice notes

Filing the divorce petition and supporting documents

This Practice Note explains what documents must be filed with the petition when commencing proceedings for a divorce (an application for a matrimonial...
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17th Jan
Practice notes

Application for decree nisi in divorce

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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17th Jan
Practice notes

Unreasonable behaviour

The Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are, however, some...
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17th Jan
Practice notes

Service of documents in family proceedings outside the jurisdiction

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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17th Jan
Practice notes

The ground for divorce

Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...
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17th Jan
Practice notes

Decree absolute—divorce

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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17th Jan
Practice notes

Amended, supplemental and further petitions

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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17th Jan
Practice notes

Undefended divorce proceedings

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 >
17th Jan
Practice notes

Commencing divorce proceedings and drafting the petition

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
17th Jan
Practice notes

Scotland—divorce and civil partnership dissolution—glossary

This Practice Note provides a glossary of terminology in relation to divorce and dissolution proceedings in Scotland. See also Practice Note:...
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Produced in partnership with Sally Nash of Gilson Gray LLP 17th Jan
tag iconScottish Law
Practice notes

Defended divorce proceedings

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 >
17th Jan
Practice notes

Scotland—divorce and civil partnership dissolution

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Sally Nash of Gilson Gray LLP 17th Jan
tag iconScottish Law
Practice notes

Procedure following service of the petition

Online divorce serviceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in...
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17th Jan
Practice notes

Two years’ separation

The Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are, however, some...
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17th Jan
Q&As

A petition issued in England and Wales based on unreasonable behaviour was withdrawn by consent as the respondent wished to reconcile. The respondent then issued their own petition in another European country, based on two years separation with consent. The period of two years includes a period of reconciliation. Can the original petitioner revive their unreasonable behaviour petition and resecure jurisdiction in England and Wales? What other options may be available to the original petitioner?

There is no provision in Family Procedure Rules 2010, SI 2010/2955 for the ‘revival’ of a petition that has been withdrawn by consent, nor have we...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As

Can a respondent be served with a divorce petition while in prison and can an application be made for deemed service?

Once an application for a matrimonial order has been issued by the court (for example, an application for a decree of divorce), a copy of the...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As

What happens if one spouse dies during divorce proceedings, ie before decree absolute has been pronounced? How will this impact on any financial claims the surviving spouse may have?

The court has significant powers upon the granting of a decree of divorce to divide up the matrimonial assets. These powers are contained in the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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The Money Laundering Reporting Officer (MLRO)—duties

The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a

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Third party rights—the common law doctrine of privity of contract

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Compulsory winding up of a company—the process and procedure

STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate

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Acting in concert

Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the