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Family analysis: His Honour Judge Booth (sitting as a High Court judge) has confirmed in the clearest terms that the duty of full and frank disclosure...
The President of the Family Division, Sir Andrew McFarlane, has released Practice Guidance addressing the transition of cases from the national...
This week's edition of Family weekly highlights includes details of the Children’s Wellbeing and School Bill, updates to the MyHMCTS: How to use...
The Master of the Rolls has announced an update to Guideline Hourly Rates. These rates are used for summary assessment of court costs in England and...
The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and...
Family Procedure Rules 2010 indexHow to use this indexThis Practice Note provides an index and links to Family Procedure rules 2010 (FPR 2010), SI...
Pension attachment ordersThis Practice Note explains what a pension attachment order made in family proceedings (previously referred to as an...
Public law children procedure—Public Law OutlineSTOP PRESS: On 23 February 2024, the President of the Family Division, Sir Andrew McFarlane, confirmed...
Family law training materialsIn addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced...
Online public law children proceedingsFamily Procedure Rules 2010 (FPR 2010), SI 2010/2955, 36.2 makes provision for Practice Directions to modify or...
Retained EU law—training materials [Archived]ARCHIVED: This Precedent has been archived and is not maintained.These training materials consist of...
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...
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...
An agreement entered into by the parties whereby they agree to resolve issues via the collaborative process.
An applicant in relevant family proceedings must attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the court. In addition, annexed to FPR 2010, PD 9A is the pre-application protocol for an application for a financial remedy and guidance notes. The protocol provides that the aim of all pre-application proceedings steps should be to assist the parties to resolve their differences speedily and fairly, or at least narrow the issues, and should that not be possible, to assist the court to do so.
An expert instructed by both parties to report on an issue in the proceedings which is not agreed.