Divorce

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Latest Family News

Can care orders and special guardianship orders coexist? (Re F and another)

The following Family news provides comprehensive and up to date legal information on Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

The following Family news provides comprehensive and up to date legal information on Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—April 2021

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Featured Family content

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...

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...

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...

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...

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...

9th Nov

COVID-19

In-house

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...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

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...

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....

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...

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...

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...

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...

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...

9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

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...

9th Nov

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

Practice notes

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...

9th Nov

Practice notes

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...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan

Practice notes

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...

9th Nov

Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

9th Nov

Most recent Divorce content

Q&As

Where a couple have entered into an Islamic marriage and also married under English law, for the purpose of divorce proceedings, would the relevant date of marriage be the date of the Islamic marriage ceremony or would it be the date they were married under English law?

This Q&A considers the validity of an Islamic marriage under English law and, if the Islamic marriage is not recognised, whether a petition for...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 11th May

Q&As

Where the respondent to a petition relying on two years separation with consent fails to file an acknowledgment of service or provide their consent, what steps if any can the petitioner take to progress the divorce?

Irretrievable breakdown of a marriage may be proved by satisfying the court that the petitioner and the respondent have lived apart for a continuous...

11th May

Q&As

A couple were married in a legally registered ceremony in America and then several years later underwent a separate civil marriage ceremony in London. There are two marriage certificates. The parties now wish to divorce. What should be done about the fact that there was a second marriage between the same parties without the first having been dissolved?

A wedding ceremony may create a valid marriage, a void or voidable marriage, or a ‘non-marriage’ (also referred to as a non-qualifying ceremony in...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 11th May

Q&As

A couple entered into a civil partnership in England and Wales, and subsequently married in New York (prior to the coming into force of the Marriage (Same Sex Couples) Act 2013. The marriage was not registered in England and Wales. They are now separating. Does the civil partnership need to be converted to a marriage for the parties to get divorced?

The Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013) provides that the marriage of same-sex couples is lawful. M(SSC)A 2013, s 9 provides that the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th May

Q&As

The parties entered into a religious marriage conducted in Sri Lanka in accordance with the law and customs of that country, by a Nikah ceremony. They want to divorce and have already started their religious divorce in Sri Lanka. Both parties are habitually resident in England, one is a British citizen from birth and the other party's application for British citizenship was awarded five years after the marriage. Should they also seek a divorce in this country?

The first question to consider where parties have entered into a religious marriage in accordance with the law and customs of a foreign country is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th May

Q&As

Can a divorce petition be served by sending it to a PO box address?

It is assumed that it is intended to serve the petition within the jurisdiction of England and Wales.The position regarding the service of a divorce...

4th May

Practice notes

Online divorce procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

4th May

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...

30th Apr

Practice notes

Scotland—divorce and civil partnership dissolution

Coronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19) pandemic and until further...

Produced in partnership with Sally Nash of Gilson Gray LLP 27th Apr

Scottish Law

Q&As

Divorce proceedings were issued in England and Wales on the basis of the petitioner’s indication as to domicile in England as their permanent home. Both parties are resident abroad but own a property in England and Wales. Having originally accepted the jurisdictional basis of the petition for convenience, can the respondent now contest jurisdiction in relation to financial proceedings?

The question does not indicate whether the petition was issued before 1 January 2021 or on or after that date. This will determine whether or not...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th Apr

Q&As

The petitioner gave an undertaking to their solicitors not to apply for the decree absolute in relation to the divorce suit until financial matters had been resolved between the parties. The solicitors are no longer instructed by the petitioner. Does the undertaking still apply?

It is often the case that, where parties are in the process of divorcing, an agreement will be reached to the effect that the petitioner will not...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Apr

Precedents

Letter to client (petitioner) seeking information about unrepresented respondent’s address for service of divorce petition

Dear [insert client’s name]DivorceThe court have issued your divorce petition and returned the documents to me for service on your [husband OR wife]....

31st Mar

Practice notes

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

This Practice Note explains how to serve a divorce petition (application for a matrimonial order) or an application for a civil partnership...

24th Mar

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:...

Produced in partnership with Sally Nash of Gilson Gray LLP 17th Mar

Scottish Law

Precedents

Divorce—client guide

This document provides general guidance regarding divorce procedure. Your family lawyer will be able to provide specific advice based on your...

11th Mar

Precedents

Letter to respondent’s solicitor serving divorce petition and accompanying documents

Dear [insert organisation name]Our client: [insert name]Your client: [insert name]DivorceWe write further to your letter dated [insert date] in which...

10th Mar

Precedents

Letter to unrepresented respondent serving divorce petition and accompanying documents

Dear [insert respondent’s name]Your [wife OR husband]’s divorce petition asking that your marriage be brought to an end has now been processed by the...

10th Mar

Q&As

The parties to a marriage separated over 20 years ago and decree nisi was pronounced on the petition. They subsequently reconciled, but now wish to divorce and are unsure whether the previous proceedings were dismissed. Do the original proceedings have to be dismissed or can a fresh petition be issued?

The procedure for divorce and other matrimonial causes is covered by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7.If the original...

5th Mar

Precedents

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

3rd Mar

Q&As

Where the respondent in divorce wishes to delay the petitioner applying for decree absolute, what is the procedure to apply to delay and can the parties claim costs against one another? If the respondent is unsuccessful in their application to delay decree absolute, will the petitioner be awarded costs?

Sections 8–10A of the Matrimonial Causes Act 1973 (MCA 1973) set out the bespoke circumstances in which the decree nisi might not be made absolute....

25th Feb

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Divorce

View Family by content type:

Latest Family News

Can care orders and special guardianship orders coexist? (Re F and another)

Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)

Family monthly highlights—April 2021

Court of Appeal reverses Court of Protection’s decision to discharge P’s mother as party to proceedings (Re P (discharge of party) AA v Southwark London Borough Council)

Featured Family content

Declarations of parentage—procedure

General principles—lump sum orders

Amended, supplemental and further petitions

Statements of truth in family proceedings

Most recent Divorce content

Popular documents

Facilitation payments under the Bribery Act 2010

Rescission of a contract

The tort of deceit

Mistake in contract law

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