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Private Client analysis: Mr Justice Poole clarified the approach to be taken towards provision of position statements and skeleton arguments to public...
This week's edition of the Family weekly highlights includes details of the additional categories added to the MyHMCTS Family Public Law service Case...
The Law Commission has published its final report on the legal framework governing social care for disabled children in England. The review was...
Private Client analysis: Having found that the claimant had established his claims in proprietary estoppel and under the Inheritance (Provision for...
HM Courts and Tribunals Service (HMCTS) has issued a release note in relation to Case File View following feedback that indicated a need for...
Coronavirus (COVID–19)—news and resources for family lawyers [Archived]This Practice Note has been archived and is not maintained. This Practice Note...
Coronavirus (COVID-19)—revisiting financial orders [Archived]The coronavirus (COVID-19) pandemic is an unforeseen global event that has had...
Trusts within financial proceedings—enforcementThis Practice Note sets out considerations and practical steps to be taken when dealing with...
SDLT—tax implications of marriage or civil partnership and relationship breakdownStamp duty land tax (SDLT) is charged on chargeable land transactions...
Recognition of divorce and legal separation under the 1970 Hague ConventionThe Convention of 1 June 1970 on the Recognition of Divorces and Legal...
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...
Parental responsibility—client guideThis document provides general guidance regarding parental responsibility for a child. Your family lawyer will be...
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...
When an agreement to enter into a financial consent order has been reached, both parties must file with the court a Form D81 (also known as a 'statement of information'). Form D81 should set out each party's current financial position as part of the ongoing duty to provide full and frank disclosure of their financial resources and any other relevant information.
The process of lodging the summons for calling involves taking the summons up to court with a calling slip and a certificate proving effective service on the defender. Provided that effective service on the defender can be demonstrated, and the relevant period of notice (usually 21 days) has passed, the court will then ‘call’ the summons two days after it is lodged for calling. This commences the court timetable in terms of when the defender must enter appearance and lodge defences. When the summons calls, it appears in the calling list on the court rolls.
A declaration that the person adopting this defence is able to meet any order the court should choose to make in terms of providing financial provision for the other spouse or civil partner.