Formalities, recognition and declarations

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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
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
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
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
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
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
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 >
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
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
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
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
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
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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9th Nov
Practice notes
The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 12th Jan
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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9th Nov
Precedents
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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9th Nov

Most recent Formalities, recognition and declarations content

Practice notes
The definition of marriageThe statutory provisions in relation to marriage are largely contained the Marriage Act 1949 (MA 1949) and the Marriage Act...
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11th May
Practice notes
Marriage of same-sex couplesThe Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013) received royal assent on 17 July 2013. Its main purpose is to...
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11th May
Practice notes
Recognition of overseas marriage or civil partnershipIn contrast to the recognition of overseas divorce or dissolution of civil partnership, the...
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11th May
Practice notes
Declarations as to marital and civil partnership statusAn application for a declaration as to marital or civil partnership status may be made where...
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11th May
Practice notes
The consequences of civil partnershipThe implementation of the Civil Partnership Act 2004 (CPA 2004) brought into effect a host of ancillary changes...
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11th May
Practice notes
The consequences of marriageA marriage can only be ended by a decree of divorce or nullity Under the law of England and Wales, a marriage may only be...
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11th May
Practice notes
The definition of civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two...
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11th May
Practice notes
Recognition of divorce and legal separation under the 1970 Hague ConventionThe Convention of 1 June 1970 on the Recognition of Divorces and Legal...
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11th May
Practice notes
Recognition of overseas divorce or dissolution of civil partnership11pm (GMT) on 31 December 2020 marked the end of the Brexit...
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11th May
Practice notes
Declarations of presumed deathThe Presumption of Death Act 2013 (PDA 2013) came into force on 1 October 2014 and extends to England and Wales only....
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 11th May
Practice notes
Gender recognitionThis Practice Note details the procedure for applying for a gender recognition certificate (GRC) under the Gender Recognition Act...
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11th May
Q&As
A bigamous marriage will not be recognised in England and Wales and a polygamous marriage will not be recognised save in certain circumstances, which...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 11th May
Q&As
The Gender Recognition Act 2004 (GRA 2004) enables a person who has changed their gender to apply for a gender recognition certificate (GRC). If a GRC...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th May
Q&As
Irretrievable breakdown of a marriage may be proved by satisfying the court that the petitioner and the respondent have lived apart for a continuous...
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11th May
Q&As
Under section 55(1)(d) of the Family Law Act 1986 (FLA 1986), any person may apply to the High Court or the Family Court for a declaration that the...
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11th May
Q&As
Section 1 of the Law Reform (Miscellaneous Provisions) Act 1970 (LR(MP)A 1970) deals with the legal consequences of termination of a contract to...
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11th May

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