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PracticePlus

The essential integrated resource, links all the key commentary, legislation, forms and precedents from the online service to save you time

  • Published: May 2014
  • Format: Online
  • Category: Family Law
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* Call 0117 917 5100 to find out more about online services

Your direct route into Family Law Online, this essential integrated resource, links all the key commentary, legislation, forms and precedents from the online service to save you time.

It is regularly updated to help you keep up with the developments and changes in today's increasingly competitive legal market.


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"We have undertaken a full review of comparative family law online and other publications and found PracticePlus to provide a superior service. Its comprehensive case workflows and practice notes are an essential resource for the specialist family lawyer."
Jenny Beck, Director of Family Law, Co-Chair of the LAPG
Read more reviews


To arrange your FREE 14-day trial to the online service or to find out how PracticePlus will benefit your day-to-day work contact our Account Management Team today.


What is it?


PracticePlus is your direct route into Family Law Online. It has been designed and put together by our experts, who understand the constraints and challenges facing a legal practitioner.

This essential integrated resource, will save you valuable time by bringing together, for each application: a practice note and flow chart, ensuring links to key commentary, legislation, forms and precedents are at your fingertips, together with interactive and automated documents.

With content from every day applications through to more uncommon issues/trickier applications, you will find simple to follow guidance, the latest court fees and helpful tips. PracticePlus has the answers:



Overviews to topics penned by leading practitioners and judges, more ...

Clear, easy to follow, Interactive Flow Charts for a variety of private family applications, more ...
Detailed and interactive Practice Notes providing step-by-step guides to the law and procedure ensuring you never miss a step.

From here you can access commentary you are familiar with: The Family Court Practice (The Red Book), Hershman and McFarlane: Children Law and Practice, Duckworth's Matrimonial Property and Finance, Family Law journal and more ...

Automated Documents (or AutoDocs) a bank of intelligent forms that enable you to capture, store and replicate information about specific matters, saving you time, more ...

PracticePlus is divided into six practice areas:


Divorce/Dissolution

Finances

Children
General
Domestic Abuse and Forced Marriage
Enforcement

Appeals

Watch this space for more content - Abduction, Costs and enhanced General content


Find out more:



Prices start from £250 + VAT for sole practitioners and from £450 + VAT for a family team. To arrange your FREE 14-day trial to the online service or to find out how PracticePlus will benefit your day-to-day work  contact our Account Management Team today.

Read about the latest update to this online service here

OVERVIEWS

Divorce and Dissolution

  • Religious Divorce - Jennifer Headon, Solicitor, TV Edwards
  • Nullity – Max Davies, Barrister, Thirty Park Place Chambers
  • Costs in Divorce [read an extract] – Henry Dawson, Trainee Solicitor Charles Russell
  • What's love got to do with it? – Sarah Lucy, Cooper Thomas More Chambers

Finance

  • Schedule 1 Orders - Claire Heppenstall, Barrister, 1 Garden Court
  • Part III MFPA 1984 [read an extract] – David Hodson OBE and Hannah Budd, Partners, International Family Law Group
  • Freezing Orders [read an extract] – Charles Hale QC, Four Paper Buildings
  • Imerman/Disclosure and Search Orders – Charlotte Posnansky, Senior Associate, Charles Russell
  • Pre-Nuptial Agreements - Brett Frankle, Withers
  • Legal Services Orders – Katherine Kelsey,1 King”s Bench Walk Chambers
  • Pre-acquired wealth – Hayley Trim and Martin Loxley, Irwin Mitchell

Children

  • S 8 Orders and Intractable Contact – Madeleine Reardon, Barrister, 1 King’s Bench Walk
  • Parental Responsibility – Vanessa Priddis, Deputy District Judge, Associate Solicitor, The Family Law Company
  • Acquiring and Losing Parental Responsibility – Vanessa Priddis, Deputy District Judge, Associate Solicitor, The Family Law Company
  • International Child Abduction – Jacqueline Renton, Barrister, Four Paper Buildings
  • Same Sex Families - Marisa Allman, Barrister, Zenith Chambers
  • Surrogacy - Louisa Ghevaert, Head of specialist fertility and parenting law practice, Porter Dodson LLP
  • Jurisdiction in Children Cases - Katy Chokowry, Barrister, 1 King’s Bench Walk
  • Child Maintenance – Jamie Kennaugh
  • Leave to Remove from Jurisdiction – Zimran Samuel
General
  • NEW – Expert Evidence in Public Law – Carolyn Rothwell
  • NEW – Fact-Findings and Split Hearings in Public Law cases – Carolyn Rothwell
  • NEW – Split Hearings in Public Law cases: a checklist – Carolyn Rothwell
  • Partnering Mediation – Caroline Bowden
  • Non-Accidental Injury – Rachel Carter

------------------------------

PRACTICE NOTES

Children

  • Child arrangements (Part 1) – Pre-proceedings to FHDRA
  • Child arrangements (Part 2) – FHDRA to Fact Finding
  • Child arrangements (Part 3) – Fact Finding to Final Hearing
  • Parental Responsibility Order (Part 1) – Pre-proceedings to FHDRA
  • Parental Responsibility Order (Part 2) – FHDRA to Fact Finding
  • Parental Responsibility Order (Part 3) – Fact Finding to Final Hearing
  • Prohibited Steps & Specific Issue (Part 1) – Pre-proceedings to FHDRA
  • Prohibited Steps and Specific Issue (Part 2) – FHDRA to Fact Finding
  • Prohibited Steps and Specific Issue (Part 3) – Fact Finding to Final Hearing
  • Discharge of a Parental Responsibility Order or Agreement
  • Enforcement Orders and Financial Compensation Orders (Child arrangements)

Divorce and Dissolution

  • Undefended divorce/civil partnership dissolution
  • Defended divorce/civil partnership dissolution
  • Undefended (judicial) separation
  • Undefended nullity
  • Amending an application for divorce/dissolution (formerly a petition)
  • Declaration of Marital/Civil Partnership Status
  • Staying Grant of Decree Absolute under Matrimonial Causes Act 1973, s 10A
  • Service of an Application for a Matrimonial Order/Civil Partnership Order outside the Jurisdiction

Finance
  • Application for a financial order (not an interim order) under MCA 1973 or CPA 2004 Pre-proceedings to First Appointment
  • Applications for a financial order (not an interim order) under MCA 1973 or CPA 2004 First Appointment to FDR
  • Applications for a financial order (not an interim order) under MCA 1973 or CPA 2004 FDR to Final Hearing
  • Interim financial orders
  • Variation of a financial order
  • Application after an overseas divorce
  • Application for an injunction
  • Application for a search order (Anton Piller)
  • Contested applications under Trusts of Land and Appointment of Trustees Act 1996, s 14, under CPR 1998 Part 7
  • Contested applications under Trusts of Land and Appointment of Trustees Act 1996, s 14, under CPR 1998 Part 8
  • Applications under Schedule 1, Children Act 1989 (shortened procedure) – before First Hearing
  • Applications under Schedule 1, Children Act 1989 (shortened procedure) – after First Hearing
  • Variation of a Schedule 1 order
  • Application under MCA 1973, s 10(2) / CPA 2004, s 48(2)
  • Pensions on divorce/dissolution/nullity/(judicial) separation – Part 1 (to First Appointment)
  • Pensions on divorce/dissolution/nullity/(judicial) separation – Part 2 (First Appointment to implementation)

General

  • Service (not of an application for a matrimonial/civil partnership order)
  • Service of a document (not an application for a Matrimonial Order/Civil Partnership Order) outside the Jurisdiction
  • Part 18

Domestic Abuse and Forced Marriage

  • Application for a non-molestation order under Part IV Family Law Act 1996
  • Application for an occupation order under Part IV Family Law Act 1996
  • Application for variation, extension or discharge of a non-molestation or occupation order under Family Law Act 1996
  • Claims under the Protection from Harassment Act 1997
  • Application for a forced marriage protection under Part 4A Family Law Act 1996

Enforcement 
  • Enforcement Options – Part 1 (Non-Monetary issues
  • Enforcement Options – Part 2 (Monetary issues)
  • Committal for breach of an order or undertaking in the family court and High Court - Matrimonial and Civil Partnership Financial Proceedings
  • Committal and arrest for disobedience of an injunctive order or breach of an undertaking in the High Court, family court or County Court
  • Attachment of Earnings Order
  • Charging Order
  • Writ or Warrant of Delivery
  • Execution against Goods – Writ or Warrant of Control
  • Application for a Third Party Debt Order
  • Committal by way of Judgment Summons
  • Means of Payment Order
  • Obtaining Information from the Debtor
  • Order for such method of enforcement as the court may consider appropriate
  • Writ or Warrant of Possession of Land

Appeals 
  • Application for Judicial Review
  • Family Court – Appeal from Lay Justiceor District Judge Level to Circuit Judge or from District Judge (High Court Level) to Judge of the High Court
  • Family Court – Appeal from Judge of Circuit Judge Level or a Judge of High Court Level to the Court of Appeal
  • Appeals – Applications based on supervening events (Barder Appeals) and applications to set aside an order
  • Family Court – Appeal from Judge of the High Court or from the Court of Appeal to the Supreme Court
  • Family Court – Appeal from Magistrates to the Family Court under Child Support Act 1991

------------------------------

AUTODOCS

Divorce


  • Form D8 (Divorce/dissolution/judicial separation petition)
  • Form D6 (Statement of reconciliation)
  • Form D84 (Application for a decree nisi/ conditional order or (judicial) separation decree/order)
  • Form D80A (Statement in support – adultery)
  • Form D80B (Statement in support – unreasonable behaviour)
  • Form D80C (Statement in support – desertion)
  • Form D80D (Statement in support – 2 years' consent)
  • Form D80E (Statement in support – 5 years' separation)
  • Form D36 (Notice of application for decree nisi to be made absolute or conditional order to be made final)
  • Form D8N (Nullity petition)
  • Form D80F (Statement in support – void)
  • Form D80G (Statement in support – voidable)
  • Form D8B (Answer)
  • Form D11 (Application notice)
  • Form D13B (Statement in support to dispense with service)
  • Form D89 (Request for personal service by a court bailiff)
  • Form FP5 (Acknowledgement of service)
  • Form FP6 (Certificate of service)
  • Form N224 (Request for service out of England and Wales through the court)
  • Form D70 (Application for declaration of marital status)
Finance
  • Form A (Notice of [intention to proceed with] an application for a financial order)
  • Form A1 (Notice of [intention to proceed with] an application for a financial remedy (other than a financial order))
  • Form B (Notice of an application to consider the financial position of the Respondent after the divorce/dissolution)
  • Form E (Financial statement for financial order)
  • Form E1 (Financial Statement for a financial remedy (other than a financial order or financial relief after an overseas divorce or dissolution etc) in the family court or High Court)
  • Form E2 (Financial Statement for a variation of an order for a financial remedy)
  • Form H (Estimate of costs (financial remedy))
  • Form H1 (Statement of costs (financial remedy))
  • Form P (Pension Inquiry Form Information needed when a Pension Sharing Order or Pension Attachment Order may be made)
  • Form P1 (Pension Sharing Annex under [section 24B of the Matrimonial Causes Act 1973] [paragraph 15 of Schedule 5 to the Civil Partnership Act 2004])
  • Form P2 (Pension Attachment Annex under [section 25B or 25C of the Matrimonial Causes Act 1973] [paragraph 25 or 26 of Schedule 5 to the Civil Partnership Act 2004])
  • Form PPF (Pension Protection Fund (PPF) Inquiry Form Information needed when a Pension Compensation Sharing Order or Pension Compensation Attachment Order may be made)
  • Form PPF1 (Pension Protection Fund (PPF) Sharing Annex to a Pension Compensation Sharing Order [section 24E of the Matrimonial Causes Act 1973] [paragraph 19A of Schedule 5 to the Civil Partnership Act 2004])
  • Form PPF2 (Pension Protection Fund (PPF) Attachment Annex to a Pension Compensation Attachment Order [section 25F of the Matrimonial Causes Act 1973] [paragraph 34A of Schedule 5 to the Civil Partnership Act 2004])
  • Form D50G (Application to prevent transaction intended to defeat prospective applications for financial relief)
  • Form D50F (Application for financial relief after an overseas divorce etc. under section 12 of the Matrimonial and Family Proceedings Act 1984 / Schedule 7 to the Civil Partnership Act 2004)
  • Form D50E (Application for permission to apply for financial relief after an overseas divorce etc. under section 13 of the Matrimonial and Family Proceedings Act 1984 / paragraph 4 of Schedule 7 to the Civil Partnership Act 2004)
  • Form FM1 (Family Mediation Information and Assessment (MIAM) form)
  • Form D81 (Statement of information for a consent order in relation to a financial remedy)
  • Form N260 (Statement of Costs (summary assessment))
  • Form D11 (Application Notice)
  • Form N1 (Claim Form)
  • Form N208 (Claim Form Part 8)
  • Form N215 (Certificate of service)
  • Form FP6 (Certificate of Service)
Children
  • Form C(PRA1) (Parental Responsibility Agreement)
  • Form C(PRA2) (Step-Parent Parental Responsibility Agreement)
  • Form C(PRA3) (Parental Responsibility Agreement. Section 4ZA Children Act 1989 (Acquisition of parental responsibility by second female parent))
  • Form C1 (Application for an order (Children Act))
  • Form C1A (Allegations of harm and domestic violence (Supplemental information form))
  • Form C2 (Application / For permission to start proceedings / For an order or directions in existing proceedings / To be joined as, or cease to be, a party in existing family proceedings under the Children Act 1989)
  • Form C8 (Confidential contact details. Family Procedure Rules 2010 Rule 29.1)
  • Form C9 (Statement of Service)
  • Form C100 (Application under the Children Act 1989 for a child arrangements, prohibited steps, specific issue section 8 order or to vary or discharge or ask permission to make a section 8 order)
  • Form C78 (Application for attachment of a warning notice to a child arrangements order)
  • Form C79 (Application related to enforcement of a child arrangements order)
  • Form FP2 (Application notice. Part 18 of the Family Procedure Rules 2010)
  • Form FM1 (Family Mediation Information and Assessment (MIAM) form)
  • Form FP6 (Certificate of Service)

------------------------------


LINKED CONTENT

  • The Family Court Practice (The Red Book)
  • Hershman and McFarlane: Children Law and Practice
  • Duckworth’s Matrimonial Property and Finance
  • Emergency Remedies in the Family Courts
  • Family Law Precedents Service
  • Family Law journal
  • Family Law Reports
  • Books Online

------------------------------

Watch this space for more content including:

  • Abduction
  • Costs 
  • Enhanced general content
Plus, more coming soon ... We are keen to hear your thoughts, what content and resources would you like to see in PracticePlus? Email us here.
"As a barrister undertaking public access work, I find Jordans Practice Notes to be very useful. The charts are ideal for sending to clients to assist them in preparing documents and the notes themselves are a great aide memoire on procedure, especially where we are undertaking what would once have been traditional solicitor work. Having all the notes available in PDF format means they are easily accessible from tablets and laptops at court".
Ian Newport, Barrister, Fenners Chambers


"We have undertaken a full review of comparative family law online and other publications and found PracticePlus to provide a superior service. Its comprehensive case workflows and practice notes are an essential resource for the specialist family lawyer."
Jenny Beck, Director of Family Law, Co-Chair of the LAPG


“They (Practice Notes) have all the information you could want, including relevant cases which is a huge time saver”
"Navigation and linking between flow charts, practice notes and resources is easy and fluid"
"Flow charts are excellent”
"Autodocs is a very quick way to populate a form and it is great that data is transferred across forms”
Jennifer Headon, Solicitor, TV Edwards

Max Davies,
Barrister, Thirty Park Place Chambers

Henry Dawson,
Trainee Solicitor Charles Russell

Claire Heppenstal, 
Barrister, 1 Garden Court

David Hodson OBE and Hannah BuddPartners, International Family Law Group

Charles Hale QC
, Four Paper Buildings

Charlotte Posnansky,
Senior Associate, Charles Russell

Brett Frankle
 Withers

Madeleine Reardon,
Barrister, 1 King’s Bench Walk

Vanessa Priddis,
 
Deputy District Judge, Associate Solicitor, The Family Law Company

Jacqueline Renton, 
Barrister, Four Paper Buildings

Marisa Allman,
 
Barrister, Zenith Chambers

Louisa Ghevaert,
 Head of specialist fertility and parenting law practice, Porter Dodson LLP

Katy Chokowry, 
Barrister, 1 King’s Bench Walk

Jamie Kennaugh

Zimran Samuel

Carolyn Rothwell

Caroline Bowden

Rachel Carter

Plus, Jordans inhouse PSL team

Leave to Remove from Jurisdiction – Zimran  Samuel

Freezing Orders - Overview

Costs in Relation to the Divorce Suit - Practice Note

Part III of the Matrimonial and Family Proceedings Act 1984 - Practice Note

 ----------------------------------------------------------

January 2015

Leave to Remove from Jurisdiction – Zimran  Samuel

Human Rights and Security Motivation

With the uncertain economic climate in recent years, issues of secure employment prospects for the relocating parent and properly financed relocation plans have been important, often seemingly determinative, factors in many relocation cases. An unaccompanied minor surcharge is now commonplace amongst many airlines and therefore a costly yet necessary to factor into planning contact arrangements, including the costs to be incurred on any possible relocation.

However, international relocation remains one of the fastest-growing areas of litigation going through the Single Family Court. Cases continue to highlight the importance of applications being properly researched, practical and child-centered.

The development of the law since Payne v Payne [2001] EWCA Civ 166 [2001] 1 FLR  1052, through MK v CK [2011] EWCA 793 to Re  Y (Leave to Remove from Jurisdiction) [2004] 2 FLR 330 and Re F (Relocation) [2012] EWCA Civ 1364,[2013] 1 FLR 645 is well known to practitioners of international family law. Payne v Payne has remained the leading authority in respect of applications for leave to remove children permanently from this jurisdiction. The President, Dame Butler-Sloss, as she then was, provided guidance as to how courts might approach matters. That guidance still rings true today.

Concern had previously arisen that two lines of authority were emerging, seemingly creating a presumption in favour of allowing the relocation depending on which parent is perceived to be the main carer. Recent jurisprudence disabuses anyone from that perspective and makes clear that the child's welfare is the paramount principle.

There has been a plethora of relocation cases going through the new Single Family Court which have underscored that paramountcy remains the key principle rather than specific reliance on presumptions based on who the child lives with. Having said that, it does not mean there are not principles in various cases which remain helpful.

With the acceptance that the law on relocation is now clear and settled, recent jurisprudence on the issue of relocation has focused on arguments under the Human Rights Act  1998 , considerations of security at the country  of relocation, and practical issues such as the motivation of the applicant  parent and the prospects of successful contact with the left-behind parent ...

----------------------------------------------------------     

Extracts from Freezing Orders Overview

February 2014
Charles Hale QC, 4 Paper Buildings


Test for obtaining a freezing order
There is no difference in the legal test to be applied when ruling on a freezing order application whether the application is made pursuant to s 37 Supreme Court Act 1981 or s 37 Matrimonial Causes Act 1973 (see UL v BK [2013] EWHC 1735; ND v KP [2011] 2 FLR 662; and Edgerton v Edgerton [2012] 2 FLR 273) ...

The target of the freezing order
Applicants should be advised to freeze only that which is necessary to protect their claim. It is worth considering that a spouse is unlikely to be awarded all matrimonial assets and therefore an order freezing the Respondent's entire asset pool is likely to be deemed disproportionate and will be seen as going too far (see Ghoth v Ghoth [1992] 2 FLR 300) ...

Preparing the evidence
The evidence in support of the application must depose to clear facts. An affidavit or witness statement must indicate the source for any matters of information and belief (see FPR 2010 PD 22A, para 4.3(b)) ...

Notice requirements
An application may be made without notice only in rare circumstances (see FPR 2010 PD 18A, para 5.1) ...

Check all safeguards are satisfied
Whilst these points are considered throughout this overview, before making the application double check that all of the following overarching safeguards are considered (see The Bank v A Ltd & Ors [2000] EWHC J0517-13 LLR 271) ...
Consequences of failing to comply with the principles when seeking a freezing order
A failure to comply with the principles may lead to a refusal to make the order sought and/or wasted costs orders against the lawyers involved ...

Costs
The costs rule in FPR 2010, r 28.3 does not apply to applications under s 37 of the Matrimonial Causes Act 1973 because it is not a financial order or remedy as defined in FPR 2010, r 2.3. The court may exercise its discretion as to costs in the light of CPR 1998, r 44.2. Costs are often reserved in ex parte applications ...

Breach of a freezing order by the respondent
 It is crucial that practitioners follow the guidance (and include a penal notice within the order) so as to avoid the Applicant being barred from seeking relief through contempt proceedings if required. If the procedure and safeguards are implemented properly a Respondent in breach of an injunction may, depending on the circumstances, be properly committed to prison for contempt (see Peyman-Fard v Peyman-Fard [2011] EWCA Civ 959) ...

----------------------------------------------------------

Extract from Costs in Relation to the Divorce Suit 

February 2014
Henry Dawson, Trainee Solicitor and Charles Russell

Related practice notes
It is well known that divorce is expensive. Indeed, reports of Mrs Young's eye-watering £6.5 million bill for legal fees, incurred during her recent High Court divorce battle, undoubtedly help to reinforce this image (Young v Young [2013] EWHC 3637 (Fam)) ...

How much?
The cost of the divorce suit has two constituent parts: legal fees and court fees ..
Addressing these in turn, the level of legal fees will vary depending on the type of advice – be it online, over the phone or face-to-face – and the degree of assistance needed ...

Whilst legal fees may vary, court fees, which are mandatory but subject to exemptions for legal aid, remain fixed. The largest fee is, in most cases, the £410 attached ...

Drawing the two together will, in an uncontested divorce, usually amount to costs between £600 and £2,000 plus VAT and disbursements ...

The picture is, however, rather different in the case of a contested divorce where the costs will be very considerably higher to cover the time preparing statements and a final hearing in open court ...

Who pays?
The decision to apply for costs starts with the Divorce Petition. In part 10(2), the petitioner is asked whether he or she wishes to claim costs from the respondent or co-respondent ...

As Petitioner, if successful, the entitlement to claim costs is there but in what is often the first step in the divorce proceedings, setting the right tone can be critical ...

Petitioners are therefore able, and often do agree not to seek costs from the respondent unless he or she intends to defend the divorce or simply not co-operate ...

Where an application for costs is made, a judge, whilst having discretion ...

Conclusion
Provided it is undefended (as the vast majority of divorces are) the cost of the divorce itself is therefore largely both contained and ascertainable ...

 ----------------------------------------------------------

Extract from Part III of the Matrimonial and Family Proceedings Act 1984

January 2014
 David Hodson and Hannah Budd, The International Family Law Group LLP


Related practice notes
In the 1970s and early 1980s, as the amount of international travel increased, the English family courts were placed in a difficult situation. Four decades ago, the financial provision on divorce for women in a good number of countries was derisory and much worse than the position today ...

In essence, if either party is domiciled in England and Wales or been habitually resident here for 12 months at the time of the foreign divorce or Part III application or have an interest in a matrimonial home here, the English courts have discretion to grant financial provision. The applicant has to have taken a good part of the foreign proceedings, used local remedies and done his or her best to seek reasonable
financial provision where the divorce had taken place ...

Initially after the legislation was passed, there were a number of successful cases; however, the international family law globe was changing. Rights for women on divorce increased in many places. Lawyers were frequently travelling to other jurisdictions and sharing developments in family law. There was much greater international family law comity including between judges ...

For the next 15 years or so, it was a rather underused jurisdiction ...

However, in the past ten years or so, the English courts again used this legislation more frequently and more assertively, with Third World and westernised jurisdictions alike. The legislation has enjoyed a revival since the 2010 Supreme Court decision in Agbaje v Agbaje [2010] 1 FLR 1813 ...

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