Relationship breakdown

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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

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

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

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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

Q&As

Where a woman has never assumed her husband’s surname on marriage but wants to change her name to a double-barrelled name, will the change of name deed refer only to her maiden name and her new name or does it need to refer to her husband’s surname?

The acquisition of a name commences with birth registration which requires, pursuant to the Registration of Births and Deaths Regulations 1987, SI...

Produced in partnership with Marissa Allman of The 36 Group 8th Jan

Q&As

The parties entered into a religious marriage conducted in Sri Lanka in accordance with the law and customs of that country, by a Nikah ceremony. They want to divorce and have already started their religious divorce in Sri Lanka. Both parties are habitually resident in England, one is a British citizen from birth and the other party's application for British citizenship was awarded five years after the marriage. Should they also seek a divorce in this country?

The first question to consider where parties have entered into a religious marriage in accordance with the law and customs of a foreign country is...

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

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 bigamous marriage will not be recognised in England and Wales and a polygamous marriage will not be recognised save in certain circumstances, which...

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

Q&As

Can an application be made to rescind decree absolute granted on the husband’s petition where the husband has an army pension and an order for financial provision has not yet been made? In the event that the husband should die before a financial remedy order has been made, what claims can the wife make against the husband's estate as she will no longer be entitled to receive the surviving spouse benefit from the pension?

A decree absolute is generally considered to be good against the world, but in certain narrow circumstances the court is able to set aside decree...

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

Q&As

In divorce proceedings, the petitioner agreed to apply for decree absolute at the earliest opportunity and this was recorded as a recital in a financial remedy order. The petitioner has failed to apply for decree absolute and has failed to make a lump sum payment to the respondent pursuant to the order. The respondent is not able to apply for decree absolute for another three months. Can the recital be enforced and can the respondent apply to expedite pronouncement of decree absolute?

In the absence of any undertaking, the recital of an agreement will be incapable of enforcement in family proceedings if the court would not have had...

Produced in partnership with Max Turnell of 1 King’s Bench Walk 8th Jan

Q&As

A couple were married in a legally registered ceremony in America and then several years later underwent a separate civil marriage ceremony in London. There are two marriage certificates. The parties now wish to divorce. What should be done about the fact that there was a second marriage between the same parties without the first having been dissolved?

A wedding ceremony may create a valid marriage, a void or voidable marriage, or a ‘non-marriage’ (also referred to as a non-qualifying ceremony in...

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

Q&As

If one party wishes to get divorced but their spouse lacks capacity (and has been detained for attacking them), there is no one willing to act as a litigation friend and the Official Solicitor will not act because their costs will not be paid, what steps can the party seeking a divorce take?

Section 2 of the Mental Capacity Act 2005 (MCA 2005) provides that a person lacks capacity in relation to a matter if, at the material time, they are...

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

Q&As

Where a wife is living in a refuge and her whereabouts are unknown to the husband, can the husband’s solicitors make enquiries about her address for the purpose of service on her, if the husband has agreed that the address will not be disclosed to him?

It is not infrequently the case that a party in family proceedings wishes to keep their address confidential. This will often arise where there has...

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

Q&As

Civil partners who have never cohabited now wish to apply for a dissolution of their civil partnership relying on five years separation. Are the dates in section 7.1 of Form D8 as to when the parties stopped living as a couple required? If not, can an addendum be attached to the petition explaining the circumstances?

Section 37 of the Civil Partnership Act 2004 (CPA 2004) provides the court with the power to dissolve a civil partnership on the ground that it has...

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

Q&As

The parties were married in the UK. Divorce proceedings were started in a non-EU jurisdiction as the parties then lived in that jurisdiction, but the decree absolute has not been received as it has been lost by the court, which has been unable to locate it. Are the parties now able to start divorce proceedings in England and Wales? One spouse now resides in the UK, and the other spouse still resides in the non-EU jurisdiction.

The Family Law Act 1986 (FLA 1986) introduced provisions for the recognition of overseas divorces which took place on or after 4 April 1988. In...

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

Q&As

Where a divorce petition has been issued, and the petitioner proceeding slowly, can a fresh petition be issued by the respondent to the first petition without leave? Family Procedure Rules 2010, 7.14 suggests leave is needed, but the Red Book seems suggests otherwise.

If the petitioner is dragging their heels in proceeding with their divorce petition once it has been issued, there are a number of steps that can be...

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

Q&As

Where a couple have entered into an Islamic marriage and also married under English law, for the purpose of divorce proceedings, would the relevant date of marriage be the date of the Islamic marriage ceremony or would it be the date they were married under English law?

This Q&A considers the validity of an Islamic marriage under English law and, if the Islamic marriage is not recognised, whether a petition for...

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

Q&As

Where a divorce petition has already been issued, is it possible to file a second divorce petition in relation to the same marriage relying on adultery? Where a financial application in Form A has been issued in relation to the first petition, what would happen to those financial remedy proceedings where a second petition is filed?

Further/second petitionFurther/second petitions are dealt with in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.7, which provides that a...

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

Q&As

Where a party has issued nullity proceedings alleging a voidable marriage and the respondent has filed an answer indicating an intention to defend those nullity proceedings, can either party then file a divorce petition after one year of marriage? If so, how should the nullity proceedings be dealt with and where should the divorce petition be filed if the nullity proceedings have been transferred to a court that is not a divorce centre?

A petition for a decree of nullity is a petition seeking a declaration from the court that there was no valid marriage. The grounds for a decree of...

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

Practice notes

Separation or divorce of a partner with limited leave under Part 8 or Appendix FM of the Immigration Rules

If a relationship breaks down as a result of domestic violence or a relationship ends due to the death of the sponsoring partner, there are provisions...

Produced in partnership with Jo Renshaw of Turpin Miller 8th Jan

Q&As

Where a divorce petition was issued relying on domicile as the basis for jurisdiction, and the petitioner would now satisfy the requirements as to habitual residence, is it possible to amend the petition and add habitual residence as a basis for jurisdiction, or is it necessary to file a new petition?

Alterations of, or additions to, a petition may be made by amendment and a petition may be amended by adding an additional or substituted prayer, for...

Produced in partnership with Paul Infield of The 36 Group 8th Jan

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 submit an answer within the 21-day deadline if they later decide to defend the divorce?

The procedural provisions relating to applications for a decree of divorce are contained within Part 7 of the Family Procedure Rules 2010 (FPR 2010),...

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

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 on applying for the decree nisi?

Whether or not a party should pay costs, and if so when and how much, is at the discretion of the judge. In principle, costs are awarded on the basis...

Produced in partnership with Paul Infield of The 36 Group 8th Jan

Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7 apply in respect of applications for matrimonial orders, which includes petitions for...

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

Q&As

A spouse wishes to divorce having had no contact with their spouse for 30 years, whom they presume to have died. Should a combined petition in Form D8D be submitted for a presumption of death order and the dissolution of the marriage, or should an application for a divorce be made together with an application to dispense with service?

Divorce petition and dispensing with serviceIn some cases, the simplest and often the most cost-effective method will be for the petitioner to apply...

Produced in partnership with Paul Infield of The 36 Group 8th Jan

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Relationship breakdown

View Family by content type:

Latest Family News

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)

Retained EU law—a guide for the perplexed

Solicitors and contempt of court

Featured Family content

Notice of acting

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent Relationship breakdown content

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