Comprehensive coverage of all aspects of financial provision, from underlying principles considered by the court to applications under specific legislation. Not forgetting in-depth practical guidance on specialist areas.
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This week's edition of the Family weekly highlights includes details of the House of Commons Justice Committee’s plan to examine the reform of the...
The Ministry of Justice has confirmed that from November 2025, the person at risk of violence (PARV) order fee will be removed, meaning that survivors...
Private Client analysis: The Court of Protection held that a 19-year-old woman with cerebral palsy, autism and multiple personas lacked capacity to...
The House of Commons Justice Committee has confirmed that it will question the President of the Family Division, Sir Andrew McFarlane, and the...
Private client analysis: The Court of Protection held that the location of brain stem death testing must be determined according to the patient’s best...
Adoption—placement ordersThis Practice Note sets out the requirements in relation to adoption placement orders, including steps to be taken prior to...
Child abduction—wardship and inherent jurisdiction (non-Hague Convention)This Practice Note details the provisions regarding wardship and inherent...
Recognition, enforcement and co-operation under the 1996 Hague ConventionThis Practice Note deals with recognition, enforcement and co-operation under...
Declarations as to marital and civil partnership statusAn application for a declaration as to marital or civil partnership status may be made where...
Staying proceedings under the Domicile and Matrimonial Proceedings Act 197311pm on 31 December 2020 marked the end of the Brexit...
Draft Witness Statement—claimant—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and...
Letter of instruction to a single joint expert to value a business1IntroductionThis is a letter of instruction to you to act as a single joint expert...
Letter of instruction to a single joint expert in financial remedy proceedings1IntroductionThis is a letter of instruction to you to act as a single...
Civil partnership dissolution—client guide (pre-DDSA 2020)This document provides general guidance regarding the procedure for dissolving a civil...
Draft orders—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents...
Procedure—Schedule 1 to the Children Act 1989This Practice Note sets out the procedural requirements in relation to an application under Schedule 1 to...
Applications under the Protection from Harassment Act 1997This Practice Note explains the six criminal offences that may be committed under the...
Striking out a statement of caseThis Practice Note explains the court's power to strike out a statement of case. It summarises the grounds on which a...
The grounds on which a marriage is voidA void marriage is one that will be treated by the court as never having taken place. The grounds on which a...
Sequestration (confiscation of assets) within contempt proceedingsSequestration is a process for dealing with a contempt of court that would be...
Application to vary, extend or discharge a non-molestation or occupation orderUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an...
Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
Pre-nuptial agreements—client guideThis document provides general guidance regarding pre-nuptial agreements. Your family lawyer will be able to...
Steps to take after a client meetingFile noteA file note (also known as an attendance note) should be prepared immediately after the first interview,...
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...
Non-molestation ordersUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from...
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...
Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...
Alternative Dispute Resolution is a process for resolving family law disputes, eg mediation, collaborative law or family arbitration.
A Primary Principles document was issued in January 2022, superseding the Good Practice Protocol previously issued in November 2019, in relation to the Financial Remedies Court. The Primary Principles document makes provision as to procedure and allocation in the Financial Remedies Court.
The parent who receives child maintenance in relation to statutory child support.