Judicial separation

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Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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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
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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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
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley 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

Most recent Judicial separation content

Q&As
Where the home address of the respondent is unknown, and an inquiry agent has been unable to find them, is it permissible to serve a divorce petition...
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18th Aug
Q&As
If a respondent to a divorce petition relying on unreasonable behaviour has filed an acknowledgment of service accepting the divorce, are they able to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
Where an order is made for a respondent to pay the petitioner's costs of the divorce suit, when is the costs order payable, and how can it be...
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18th Aug
Q&As
Where a signed but otherwise uncompleted acknowledgment of service has been returned to the court by the respondent, after service has been attempted...
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18th Aug
Q&As
Can a respondent refuse to disclose their current address in a divorce petition if they are represented by a solicitor and have given their details...
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18th Aug
Q&As
Where the petitioner sought 50% of their costs in relation to the divorce suit in the petition, can they increase their claim to 100% of their costs...
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Produced in partnership with Paul Infield of The 36 Group 18th Aug
Q&As
Does a judicial separation petition that has been filed within the first year of marriage but not served upon the respondent need to be withdrawn...
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18th Aug
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...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Q&As
When notifying the court of the petitioner's intention to withdraw a judicial separation petition which has not been served on the respondent, what...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 18th Aug
Q&As
Is it possible to amend a petition relying on desertion to one that relies on unreasonable behaviour?Where it is necessary in some way to amend an...
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18th Aug
Q&As
Can service of a divorce petition be attempted both via the court bailiff and by a process server at the same time?Part 6 of the Family Procedure...
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18th Aug
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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18th Aug
Q&As
Can you rely on without prejudice correspondence as evidence of service of a divorce petition?A divorce petition may be served by way of personal...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug
Practice notes
Undefended suits—judicial separationJudicial separation proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in...
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18th Aug
Practice notes
Filing the judicial separation petition and supporting documentsFiling a judicial separation petitionProceedings for a matrimonial order (judicial...
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18th Aug
Practice notes
Defended suits—judicial separationCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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18th Aug

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