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PRACTICE NOTES
This Practice Note explains the process following service of a nullity petition (application for a matrimonial order) where the proceedings were issued prior to 6 April 2022. It sets out the time within which the acknowledgment of service must be returned. It explains what a respondent who wishes to defend proceedings must do, the time within which an answer must be filed and also what a respondent who wishes to seek a matrimonial order must do. On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 does not make substantive changes to the law regarding nullity proceedings, there are some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes to provisions regarding service. For details of the procedure for proceedings issued on
PRACTICE NOTES
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into 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 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. This document covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below: The
PRACTICE NOTES
This Practice Note sets out the procedure to be followed when applying for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains the additional requirements in relation to without notice (ex parte) applications, the rules regarding service, provisions relating to undertakings and breach of an order. It looks at drafting the order and the standard orders. A non-molestation order is an order prohibiting the respondent from molesting another person who is associated with the respondent and/or a relevant child. See Practice Note: Non-molestation orders. Practice Guidance On 17 December 2025, the President of the Family Division, Sir Andrew McFarlane, issued practice guidance: President of the Family Division’s Guidance 2026 Non-Molestation Orders under the Family Law Act 1996 (referred to in this Practice Note as the President's guidance). The guidance is effective from 12 January 2026 and replaced: Practice Guidance: Non-molestation injunctions issued on 14 July 2023. The purpose of the guidance is to further refine practice and procedure concerning applications for non-molestation injunctions under FLA 1996,
PRACTICE NOTES
This Practice Note sets out the procedure to apply for an occupation order under the Part IV of the Family Law Act 1996 (FLA 1996). It provides information about legal aid and explains the additional requirements in relation to without notice applications, the rules regarding service, provisions relating to undertakings and a power of arrest. It looks at drafting the order and the Standard order 10.3—occupation order. Applications An occupation order is an order under the FLA 1996, Pt IV conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship. The procedure for an application for an occupation order under FLA 1996, Pt IV is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10 and the supporting practice direction FPR 2010, PD 10A. Very often an application for an occupation order will be made at the same time as an application for a non-molestation order. A non-molestation order is an order prohibiting the
PRACTICE NOTES
This Practice Note details the procedure for an interim remedy under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20, including jurisdictional issues, requirements as to evidence, without notice applications and undertakings. See Practice Note: Interim orders under FPR 2010, Pt 20 as to the types of interim orders that may be made by the court. A number of interim remedies other than those referred to by FPR 2010, SI 2010/2955, Pt 20 may be sought within family proceedings. The fact that a particular type of remedy is not listed in FPR 2010, SI 2010/2955, Pt 20 does not affect any power that the court may have to grant that remedy. For further guidance on other common interim remedies, see Practice Notes: Procedure for maintenance pending suit, Funding—legal services orders and costs allowances, Procedure for an application for a non-molestation order and Procedure for an application for an occupation order. Procedure Applications for interim remedies under FPR 2010, SI 2010/2955, Pt 20 are governed by the FPR 2010, SI 2010/2955,
PRACTICE NOTES
The initial application for provisional damages If a claimant wishes to apply for provisional damages, it is necessary to formally plead this in the particulars of claim. The statement of case should contain a statement of the application for provisional damages and identify the grounds for claiming the award. Assessment of provisional damages The court will first assess damages on the assumption that a deterioration will not arise, but provide that the claimant is entitled to make
PRACTICE NOTES
This Practice Note sets out the procedure for entry clearance (prior permission to enter the UK) applications that are made outside the UK and provides practical tips on making an application. For general information on entry clearance, see: Permission to travel to the UK—overview. This Practice Note does not provide information on applications in specific routes. It also does not cover applications from overseas for an Electronic Travel Authorisation (ETA). ETAs are not visas which confer permission to enter the UK; instead they just grant prior permission to travel to the UK, and must be obtained by non-British or Irish persons who want to visit the UK and do not already have a visa, and who are not required to obtain one. See Practice Note: The Electronic Travel Authorisation (ETA) scheme. This Note should be read with Practice Note: Procedure when using the Home Office’s commercial partners and the Practice Notes on the substantive immigration route in which the application is to be made. The Home Office’s basic guidance pages for applicants
PRACTICE NOTES
This Practice Note sets out the procedure for making an in-country online application to the Home Office. Since November 2018, the vast majority of applications are made online. Such applications will generally be for: • limited or indefinite leave to remain in the UK—termed as permission or settlement in the simplified Immigration Rules categories and we have used these terms interchangeably throughout • registration or naturalisation as a British citizen • applying under the EU Settlement Scheme (also known as the EUSS) found in the Immigration Rules, Appendix EU, or • applying for a No Time Limit eVisa (where a person was last granted indefinite leave to remain other than in a Biometric Residence Permit (BRP)) The Practice Note largely focuses on the application processes covering permission to stay other than under the EUSS. For EUSS process, see Practice Note: Making an application under the EU Settlement Scheme. Applications for registration and naturalisation as a British citizen will follow the same process as those for permission to stay where a biometric appointment is
CHECKLISTS
This Checklist should be read in conjunction with the Practice Note: Block transfer orders—the law and practice. There are three circumstances which give rise to the need for a block transfer of office-holder appointments: • where an office-holder dies • upon the retirement of an office-holder from practice, or • where an office-holder is otherwise unable or unwilling to continue in office. This may occur where an office-holder changes firms or loses their licence to practice due to regulatory action The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 12.35–12.38 apply to the making of an application to court for the block transfer of cases from one office-holder to another. The block transfer application process applies to the following appointments: • winding-up by the court (ie compulsory liquidation) • voluntary liquidation (both members’ voluntary liquidations and creditors’ voluntary liquidations) • administration • bankruptcy • voluntary arrangement (both company voluntary arrangements and individual voluntary arrangements) • moratorium under Part A1 of the Insolvency Act 1986 (IA 1986) Note
PRECEDENTS
Money can be withdrawn from client account in different ways, eg by cash, cheque, BACS or simply transferring it to a different account. All withdrawals from client account must be authorised by an approved signatory[ except for simple transfers of money from one general client account to another general client account at the same bank or building society]. Different methods of withdrawal involve different methods of authority, as shown in the tables below. 1 Payment authorisation form Documents required Checks for finance department Payment authorisation form:[—signed in writingOR—signed electronically in accordance with our safeguards and controls, ie [describe how your electronic signature system operates]] ☐ Payment authorisation form is signed by an approved person in accordance with our Register of approved signatories☐
PRACTICE NOTES
This Practice Note sets out the procedure required to obtain an order for maintenance pending suit (MPS) under section 22 of the Matrimonial Causes Act 1973 (MCA 1973) or an order for maintenance pending outcome of proceedings under Schedule 5, Part 8 to the Civil Partnership Act 2004 (CPA 2004). It explains how to make an application and the evidence required in support. It also considers how the costs of an application may be dealt with. See also Practice Note: General principles for maintenance pending suit. Initial steps The procedure for an application for maintenance pending suit under MCA 1973 or its equivalent under CPA 2004 is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pts 9 and 18. Represented parties must submit and manage contested financial remedy applications online using MyHMCTS, subject to certain exceptions. Regard should therefore be had to the guidance on how to submit applications online where relevant, see Practice Note: Online applications for financial remedies. Form A includes a box enabling the applicant to make an application
FLOWCHARTS
This flowchart sets out the procedure for preparing and completing a section 106 planning obligation. It