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 Family weekly highlights includes details of the latest Family Procedure Rules 2010 Practice Direction update of 2024,...
In its report ‘Recommendations for best practice in respect of adoption’, the adoption sub-group of the Public Law Working Group established by the...
The sixth Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, amending FPR 2010, PD 5B (which makes...
The transparency reporting pilot in the Family Court, allowing accredited journalists and legal bloggers to report on what they see and hear in...
This week's edition of Family weekly highlights includes details of recent decisions concerning applications to adduce new evidence and activating a...
Consultation tracker—FamilyThis Family consultation tracker tool displays the status and most recent developments in relation to key consultations,...
Deputyship—the deputy’s duties and powersDutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the...
Leave to remove—external relocationThis Practice Note sets out the factors to be considered in an application for permission to remove a child from...
Functions which may be carried out by a justices’ legal adviserThis Practice Note sets out the functions of the Family Court, or a judge of the Family...
Leave to remove—internal relocationThis Practice Note considers the factors to be taken into account by the court in internal relocation cases in...
Letter of claim—family provision claimDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of...
Divorce (same–sex marriage)—client guide (post-DDSA 2020)This document provides general guidance regarding divorce procedure. Your family lawyer will...
Civil partnership—client guide (post-DDSA 2020)This document provides general guidance regarding civil partnership dissolution procedure. Your family...
Draft Part 8 Claim Form—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure...
Divorce—client guide (post-DDSA 2020)This document provides general guidance regarding divorce procedure. Your family lawyer will be able to provide...
The grounds on which a marriage is voidableOn 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into...
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...
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...
Notices and restrictionsNotices and restrictions may be used to afford some limited protection of an asset comprising land or property, which...
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
Online divorce (pre-DDSA 2020)The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the...
Notice of actingCase number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...
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...
Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
The definition of civil partnershipDefinitionWhen introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two...
The Courts and Tribunals Service Centre and divorce centresThe Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022....
Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide...
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...
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
A ‘Statement on the efficient conduct of financial remedy hearings allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere’ (the High Court judge level efficiency statement) was issued in 2016 and is now accompanied by a ‘Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level’ (the below High Court judge level efficiency statement) issued in January 2022 by the Financial Remedies Court national lead judge and deputy national lead judge.
11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. This point in time is referred to in UK law as ‘IP completion day’ and is the point at which key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime.
In the family law context, an application for financial provision in respect of a child under Schedule 1 to the Children Act 1989 for maintenance or capital provision.