Formalities, recognition and declarations

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Practice notes
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 Formalities, recognition and declarations content

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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10th Sep
Q&As
Can an application be made to recognise the status of an overseas divorce?Under section 55(1)(d) of the Family Law Act 1986 (FLA 1986), any person may...
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18th Aug
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,...
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18th Aug
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 18th Aug
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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18th Aug
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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18th Aug
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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15th Aug
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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15th Aug
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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15th Aug
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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15th Aug
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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15th Aug
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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15th Aug
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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15th Aug
Q&As
Where a respondent was married as a man but has subsequently changed gender to female, what gender should be entered for the respondent in the divorce...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th 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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15th Aug
Q&As
Are polyandrous marriages (ie where a woman has more than one husband) recognised in England and Wales in the same way as polygamous marriages?A...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 15th Aug
Q&As
Is it still possible to sue for breach of promise to marry?Section 1 of the Law Reform (Miscellaneous Provisions) Act 1970 (LR(MP)A 1970) deals with...
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15th Aug

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