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Family analysis: The decision in BS v HC establishes that, in sharing cases, the non-matrimonial segment of a pension may still be matrimonialised in...
This week's edition of the Family weekly highlights includes details of the President’s decision on parental alienation and unregulated experts and...
Private Client analysis: The applicant, Enable & Thrive Ltd, made an application to be appointed as a property and affairs deputy for an individual...
HM Courts and Tribunals Service has introduced a mandatory requirement for legal representatives to upload the latest divorce document when submitting...
Private Client analysis: In this case, the court confirmed that capacity to marry is determined on an ‘act’ or ‘status’ specific basis, rather than by...
Defended divorce proceedings (pre-DDSA 2020)This Practice Note provides information on the procedure for defending divorce proceedings where the...
Defended suits—nullity (pre-DDSA 2020)This Practice Note provides information on the procedure for defending nullity proceedings where the application...
Disputed nullity proceedings (post-DDSA 2020)This Practice Note provides guidance on the procedure for disputing an application for a nullity order or...
Expert evidence in private children proceedingsThis Practice Note deals with adducing expert evidence in private law children proceedings including...
Disputed divorce, dissolution and separation proceedings (post-DDSA 2020)This Practice Note provides guidance on the procedure for disputing an...
Letter to client confirming cost estimate and preparation needed for final hearing (financial remedy)Dear [insert client name]Costs estimate to final...
Letter to client enclosing order made at FDR and explaining final hearing preparationDear [insert client name]FinancesI enclose a copy of the order...
Letter to client enclosing order made at first appointmentDear [insert client name]FinancesI enclose a copy of the order made by [deputy] [district]...
Letter of instruction to a single joint expert in financial remedy proceedings1IntroductionThis is a letter of instruction to you to act as a single...
Letter to client enclosing notice of first appointmentDear [insert client’s name]FinancesI confirm that your application for a financial order (Form...
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...
A tax-free lump sum that pension members may elect to receive when they start to draw benefits from a pension scheme, usually a maximum of 25% of the scheme value.
A secure accommodation order provides for a child to be accommodated in accommodation provided for the purpose of restricting liberty. In most cases, the child must be ‘looked after’, ie either a child under a care order, or a child provided with accommodation under social services functions.
An adjustment applied when calculating an offsetting figure to reflect the advantages of receiving cash now instead of pension benefits later. The resulting value is called the ‘utility value’.