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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

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...

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...

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

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

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

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

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

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

Two years’ separation

The Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are, however, some...

17th Jan

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...

17th Jan

Practice notes

Partners applying for entry clearance under Appendix FM: application procedure

This Practice Note outlines the key procedural requirements for an application for entry clearance as the fiancé(e), proposed civil partner, spouse,...

Produced in partnership with Jo Renshaw of Turpin Miller 16th Jan

Practice notes

The domestic violence provisions

The Immigration Rules relating to applications for indefinite leave to remain (ILR) following a breakdown of a relationship as a result of domestic...

Produced in partnership with Jo Renshaw of Turpin Miller 16th Jan

Practice notes

Entering into marriage and civil partnership in England and Wales as a non-EEA national

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 Eric Fripp of Lamb Building 16th Jan

Practice notes

Partners applying for leave to remain: application procedure

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 Jo Renshaw of Turpin Miller 16th Jan

Practice notes

Bereaved partners

The Immigration Rules relating to applications for indefinite leave to remain (ILR) made after the death of the sponsoring partner during the...

Produced in partnership with Jo Renshaw of Turpin Miller 16th Jan

Practice notes

Total intestacy

The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...

15th Jan

Q&As

A petition issued in England and Wales based on unreasonable behaviour was withdrawn by consent as the respondent wished to reconcile. The respondent then issued their own petition in another European country, based on two years separation with consent. The period of two years includes a period of reconciliation. Can the original petitioner revive their unreasonable behaviour petition and resecure jurisdiction in England and Wales? What other options may be available to the original petitioner?

There is no provision in Family Procedure Rules 2010, SI 2010/2955 for the ‘revival’ of a petition that has been withdrawn by consent, nor have we...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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 matrimonial order has been issued by the court (for example, an application for a decree of divorce), a copy of the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

What happens if one spouse dies during divorce proceedings, ie before decree absolute has been pronounced? How will this impact on any financial claims the surviving spouse may have?

The court has significant powers upon the granting of a decree of divorce to divide up the matrimonial assets. These powers are contained in the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

What is the procedure where there is a dispute as to jurisdiction within divorce proceedings where it is alleged that proceedings have been commenced in both a non-EU country and England and Wales? If the application is for the proceedings in the non-EU country to be stayed, in which jurisdiction should the application be issued?

Divorce procedure varies significantly between jurisdictions in a number of ways including the requirements for divorce, the length of time it takes...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan

Q&As

Does the decision in Imerman v Tchenguiz apply to other types of proceedings, or just in relation to financial disclosure? For example, would Imerman apply where a party accesses emails that they believe provide evidence of their spouse’s adultery?

AdulteryIn relation to a divorce in which a party wishes to rely on adultery, in the absence of an admission by the respondent, the adultery must be...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Does the court in England and Wales have jurisdiction in relation to divorce proceedings where the petitioner lives in England and the respondent lives in Spain? Is the petitioner responsible for service of the petition on the respondent in Spain and if so, what is the procedure?

In matters relating to a divorce which commenced after 1 March 2005 (the date when Brussels IIA bis came into effect), jurisdiction lies with the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

Where a divorce petition was issued 13 years ago and the respondent failed to file an acknowledgment of service, if they file a petition now will this be treated as a cross petition, and is permission from the court required to serve a cross petition?

For the purposes of this Q&A, the original petitioner who applied for a divorce 13 years ago shall be referred to as the ‘applicant’, and the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

On making an application for deemed service of a divorce petition where the respondent has instructed a solicitor, is it sufficient to prove that the respondent’s solicitor has received the petition or will the court require proof that the respondent has received it?

Chapter 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 governs service in respect of family proceedings, including divorce, subject to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

In a case where there has been extreme violence against a party to a marriage including attempts to kill them, can that party commence divorce proceedings without giving notice of the proceedings to the violent partner and what can be done to protect the party in fear?

It is an unfortunate aspect of family law that in some cases extremely serious incidents of domestic violence characterise the relationship. In such...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Where a party (the first petitioner) has issued a divorce petition and the respondent files both an answer and their own petition, what are the options for the first petitioner and the procedure to be adopted? What steps would need to be taken if the first petitioner agrees to proceed with the respondent’s petition?

Section 1 of the Matrimonial Causes Act 1973 states that, provided one year has passed since the date of the marriage, a petition for divorce may be...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

What is the procedure to make an application for an order staying decree absolute under the inherent jurisdiction of the court? Which form should be used and what is the court fee?

Sections 8–10A of the Matrimonial Causes Act 1973 set out bespoke the circumstances in which the decree nisi might not be made absolute. However, none...

Produced in partnership with Nicholas Starks of St Ives Chambers 8th Jan

Q&As

Can a district judge grant the decree nisi at the first appointment of a financial remedy application, where both parties are present and in agreement that the decree nisi should be pronounced?

In the case of an undefended petition for divorce, the parties will typically receive notice of the date, time and place of the hearing of the decree...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan