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New paper on Brexit and international transfers of personal data published

The following Banking & Finance news provides comprehensive and up to date legal information on New paper on Brexit and international transfers of personal data published

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

The following Family news provides comprehensive and up to date legal information on Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

Solicitors and contempt of court

The following Practice Compliance news provides comprehensive and up to date legal information on Solicitors and contempt of court

Featured Family content

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

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

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

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...

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...

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

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

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

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

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

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

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

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

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...

9th Nov

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...

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...

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...

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...

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...

9th Nov

Most recent Relationship breakdown content

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...

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...

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...

17th Jan

Practice notes

Decree absolute—nullity

Time for applying for decree absoluteA decree nisi may not be made absolute before the expiration of six weeks from the date that it is granted unless...

17th Jan

Practice notes

Marriage of same-sex couples

The Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013) received royal assent on 17 July 2013. Its main purpose is to enable same-sex couples to...

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....

17th Jan

Practice notes

The consequences of civil partnership

The implementation of the Civil Partnership Act 2004 (CPA 2004) brought into effect a host of ancillary changes both by virtue of the provisions of...

17th Jan

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...

17th Jan

Practice notes

Filing the nullity petition and supporting documents

FilingThere are time limits applicable to the filing of petitions for nullity. Permission from the court is required to commence proceedings based on...

17th Jan

Practice notes

The definition of marriage

The statutory provisions in relation to marriage are largely contained the Marriage Act 1949 (MA 1949) and the Marriage Act 1994 (MA 1994). This...

17th Jan

Practice notes

Undefended suits—nullity

What is an undefended case?An undefended case is one in which:•an acknowledgement of service has been filed indicating that it is not intended to file...

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...

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:...

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

Scottish 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...

17th Jan

Practice notes

Recognition of overseas marriage or civil partnership

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

17th Jan

Practice notes

Declarations of presumed death

The Presumption of Death Act 2013 (PDA 2013) came into force on 1 October 2014 and extends to England and Wales only. Previously, there had been a...

Produced in partnership with David Salter 17th Jan

Practice notes

The definition of civil partnership

DefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two people of the same sex. However, from 2...

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...

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

Scottish 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...

17th Jan

Practice notes

Dissolution provisions—civil partnership

When introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two people of the same sex. However, from 2 December...

17th Jan