An application under Schedule 1 to the Children Act 1989 (ChA 1989) will proceed in accordance with the standard procedure, unless the application is for periodical payments only (ie no capital orders are sought). Similarly where an application is made to vary an order, the fast-track procedure will only apply if the application concerns the variation of a periodical payments order and no form of capitalisation is sought. See Practice Note: Fast-track (shortened) financial remedy procedure. An application under ChA 1989, Sch 1 is made in the Family Court and allocated to a district judge. See Practice Notes: Procedure—Schedule 1 to the Children Act 1989 and Issuing financial proceedings in Form A (standard procedure). This Procedural Guide is primarily concerned with applications under the standard procedure. The pre-action protocol and overriding objective defined in the Family Procedure Rules 2010 (FPR 2010) apply to applications under ChA 1989, Sch 1—see Practice Note: Financial proceedings—pre-application requirements—Pre-application protocol (FPR 2010, PD 9A, Annex). The applicant must attend a mediation information and assessment meeting

This Procedural Guide sets out the procedure to be adopted on an application under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) or section 66 of the Civil Partnership Act 2004 (CPA 2004), between spouses and civil partners, as extended to former spouses and civil partners and formerly engaged couples. MWPA 1882, s 17 and its civil partnership equivalent empower the court to decide questions as to title to or possession of property as between spouses or civil partners in a summary way, though this rarely arises in practice due to the wide range of orders available under Part II of the Matrimonial Causes Act 1973 / CPA 2004, Sch 5. Applications may also be made by former spouses and civil partners, and individuals who were formally engaged (technically, parties to an agreement to marry or civil partnership agreement that has been terminated) within three years of the dissolution/annulment of the marriage/civil partnership or the end of the engagement, as the case may be. See Practice Note: Applications

STOP PRESS: From 1 October 2026, the Chancery Division of the High Court is renamed the Business and Property Division. Existing Business and Property Courts sitting within the King's Bench Division are brought into the Business and Property Division and there are also consequential changes to related terminology and procedure—see News Analysis: Changes to the Chancery Division and formation of the Business and Property Division—what family practitioners need to know. This document is being updated to reflect these changes. This Procedural Guide sets out the steps to be taken on an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) by a trustee of land, or a beneficiary with an interest in property subject to a trust of land. It includes guidance on the criteria for an application, the pre-action protocol, offers under Part 36 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, evidence requirements and orders that may be made by the court. An application under TOLATA 1996,

This Procedural Guide sets out the steps to be taken on an application for an attachment of earnings order under the Attachment of Earnings Act 1971 (AtEA 1971) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39 to enforce a maintenance order by the deduction of money directly from the debtor’s earnings. It includes guidance on who may apply, arrears that are more than 12 months old and the duties of the employer and the debtor. If a judgment debtor is an individual and is employed, the judgment creditor may apply for an order to enforce the judgment against the debtor's wages or salary. This will require the employer to deduct periodic amounts from the debtor's salary and pay them to the court. This is known as an attachment of earnings order (AEO). See also Practice Note: Attachment of earnings order. FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings commenced, but not disposed of, before 6 April 2016 (when amendments to the procedure were made), as it would apply to proceedings commenced

This Procedural Guide sets out the steps to be taken on an application under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order (CAO). It provides information on who can apply, pre-action requirements including in relation to attendance at a mediation information and assessment meeting (MIAM), the principles applied by the court, and the provisions relating to non-court dispute resolution (NCDR), the rules regarding service and explains the requirements in relation to without notice (ex parte) applications. It looks at allocation and gatekeeping and safeguarding. It explains what may happen at the first hearing dispute resolution appointment (FHDRA) and at the dispute resolution appointment (DRA) and looks at fact-finding hearings, vulnerable witnesses and the final hearing. A CAO is one of the orders that the court can make under ChA 1989, s 8. A CAO is an order relating to: • whom a child is to live, spend time or otherwise have contact with, and • when a child is to live, spend time or otherwise have contact with any person The

This Procedural Guide sets out the steps to be taken on an application for a dissolution of a civil partnership in an undefended case under the Civil Partnership Act 2004 (CPA 2004) in relation to proceedings that were issued before 6 April 2022. It includes guidance on who may apply, irretrievable breakdown, service of the petition, and filing an acknowledgment of service. It also details evidence that must be filed to prove the fact relied on, applying for a conditional order of dissolution, the final dissolution order and how to deal with costs. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came in to force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Divorce proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). This document covers the position for proceedings issued on or after 6 April 2022. Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications are not impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. See Practice Notes: Commencing divorce proceedings and drafting the petition (pre-DDSA 2020) and Filing the divorce petition and supporting documents (pre-DDSA 2020). There is an absolute bar on presenting an application

This Procedural Guide sets out the steps to be taken in proceedings that were issued by the court on or before 5 April 2022 for an undefended divorce (an application for a matrimonial order) under the Matrimonial Causes Act 1973 (MCA 1973) where the divorce is proceeding by non-electronic means (on paper). It includes guidance on who may apply for a divorce, irretrievable breakdown, filing and service of the divorce petition (Form D8), and filing an acknowledgment of service. It also details the evidence that must be filed to prove the fact relied on, applying for decree nisi and filing the statement in support, decree absolute and the rules regarding costs in divorce proceedings. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution

This Procedural Guide sets out the steps to be taken to apply for an enforcement order under the Children Act 1989 (ChA 1989) to enforce the provisions of a child arrangements order (CAO). An enforcement order may impose an unpaid work requirement on the respondent. It provides information on who can apply, pre-action requirements, criminal standard of proof, orders the court can make and restrictions on making an enforcement order. The following procedure applies to cases where a warning notice has been attached properly to a CAO and it is alleged that the order has been breached so that enforcement of the order is required. Effective enforcement of a CAO that contains provisions for contact where the parent with whom the child lives is opposed to contact can be problematic. Under ChA 1989 the court has extended powers in relation to enforcement of all the provisions of CAOs, not only those that relate to contact arrangements, but also those relating to the living arrangements of a child. The provisions focus on helping 'to establish,

This Procedural Guide sets out steps for the express financial remedy (EFR) procedure, which is in operation in selected Family Court locations for cases with total combined net assets (excluding pensions) of less than £250,000 in pilot form from 7 April 2025 to 2 April 2027. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and the accompanying Practice Directions are modified in cases to which the pilot applies by way of FPR 2010, PD 36ZH. For detailed practical guidance on the EFR procedure, see Practice Note: Express financial remedy procedure—pilot scheme. EFR procedure—inclusion in the pilot Applications will be included in the EFR procedure if conditions are met as to: • the type of application—applications for financial remedy in connection with a matrimonial or civil partnership order, excluding variation, are in scope; consent orders, applications under Schedule 1 to the Children Act 1989 and financial relief after overseas divorce etc are also excluded, see: FPR 2010, PD 36ZH—how it works, eligibility and exceptions • the value of the parties’ total net combined assets—excluding pensions but net

This Procedural Guide sets out the steps to be taken under the Debtors Act 1869 (DA 1869), the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33 and the Administration of Justice Act 1970 (AJA 1970) on an application for a judgment summons requiring a debtor to attend court where the debtor either has, or has had since the date of the order or judgment, the means to pay the defaulted sum, and refuses or neglects to pay the same. It includes guidance on who may apply, the criminal standard of proof and evidence and the committal of the debtor. A judgment summons is a summons requiring a debtor to attend court. If it is proved to the satisfaction of the court that the debtor either has, or has had since the date of the order or judgment, the means to pay the sum in respect of which they have defaulted, and has refused or neglected or refuses or neglects to pay the same, they may be committed to prison for a period of up to six weeks or until

Removing a child from the jurisdiction without the required consent(s) may result in an offence being committed under the Child Abduction Act 1984 (CAA 1984). See Practice Note: Child abduction—criminal action and electronic tagging. Where there is no pre-existing child arrangements order (CAO) in force that regulates living arrangements for the child, before removing the child from the jurisdiction the consent should be sought of the following: • each person with parental responsibility, and • the father (whether or not he has parental responsibility for the child) Failure to do so will run the risk of falling foul of CAA 1984 and/or the Hague Convention on Civil Aspects of International Child Abduction. Where there is a CAO in force that regulates the child's living arrangements, section 13 of the Children Act 1989 (ChA 1989) provides that no person may remove the child from the UK without either the written consent of every person who has parental responsibility for them or the leave of the court. The consent must be clear