Family Law

In this issue: Practice and procedure Relationship breakdown Public children Transparency Cohabitants Financial provision Enforcement Court of Protection International children Updated content Daily and weekly news alerts Weekly highlights archive Practice and procedure Update to Standard Order 10.2 (short-form non-molestation order) Following a correction to Order 10.2 (short-form non-molestation order), Mr Justice Peel has refreshed the Standard Family Orders. The amended order now records the respondent’s address and date of birth to support police database entries. The updated Order 10.2, together with reissued yet unchanged Volumes 1 and 2, can be found here. HMCTS sets out progress and next steps for family courts HM Courts and Tribunals Service (HMCTS) has posted a blog outlining advances across the family courts, including broader digital services, clearer guidance and improved support for vulnerable users. The...

In this issue: Practice and procedure Relationship breakdown Public children Private children Financial provision Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Family Procedure Rule Committee annual report: April 2024 to March 2025 The Family Procedure Rule Committee has issued its annual report, setting out work on revising the Family Procedure Rules 2010. It details reforms on domestic abuse, experts, case management, and early resolution across April 2024 to March 2025. Sir Andrew McFarlane, President of the Family Division, retires from the judiciary Sir Andrew McFarlane has stepped down as President of the Family Division, President of the Court of Protection and Head of Family Justice following a notable tenure. Since his 2018 appointment, he drove modernisation of the Family Court, advancing transparency through reporting reforms and a 2025...

Re B-A (Placement Order and Contact Order) [2026] EWCA Civ 356 What are the practical implications of this case? The Court of Appeal emphasised that a central strand in recent rulings on post‑placement order contact is that decisions must turn on the particular facts of the individual case. It also noted that, in Re S (Placement Order Contact) [2025] EWCA Civ 823, [2026] 1 FLR 48, the President highlighted the need for a tailored, bespoke appraisal of future contact arrangements in every matter, specific to each child......

The legal costs position in probate claims The cost landscape in probate disputes is frequently misconstrued. This Practice Note addresses: the costs position in proceedings challenging the validity of a Will, and applications under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) The starting point-the general rule A widespread myth is that the estate routinely meets the litigation costs. That is wrong. CPR 44.2 governs both probate proceedings and I(PFD)A 1975 claims. The usual rule is that costs follow the event. A losing party will ordinarily be ordered to pay some or all of the successful party’s costs (CPR 44.2(2)), subject to the court’s discretion. The court may exercise that discretion by assessing conduct. Conduct (CPR 44.5) covers behaviour before and during the claim, including the extent of compliance with any pre-action protocol. There is no specific pre-action protocol for probate or...

This Practice Note offers a hands-on overview of the first actions a deputy should take once appointed. Checking and understanding the deputyship order The deputy must review the deputyship order and become fully acquainted with its terms, so they know precisely which decisions they are authorised to make for the protected person (P). If any mistakes are identified, they should be put right without delay. Minor slips, such as a misspelt name, can usually be dealt with informally through the Court of Protection; however, more significant errors should be addressed by lodging a COP9 application within the proceedings. If the deputy does not alert the court to any errors within 21 days of the date the order was sent to them, they may have to pay for a further application to remedy the issue. Common decisions covered by health and welfare orders...

This Practice Note This Practice Note outlines the functions of the Family Court, or a judge of the Family Court, that a justices’ legal adviser may perform under the Family Procedure Rules 2010 (FPR 2010), as set out in FPR 2010, PD 2C. From 6 April 2020, ‘justices’ legal adviser’ replaced the former term ‘justices’ clerk’ in the FPR 2010. In England and Wales, a justices’ legal adviser has a pivotal role in supporting the Family Court. They are authorised to undertake a variety of functions, subject to specified exceptions and restrictions. The functions of the Family Court, or of a Family Court judge, that can be carried out by a justices’ legal adviser are prescribed in FPR 2010, PD 2C, and are subject to certain limitations; see Practice Note: The Family Court-judicial...

STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), with the President of the Family Division’s approval, now replaces and supersedes the following: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court...

In the Family Court sitting at [ Court name ] Case No: [ Case number ] Proceedings pursuant to [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR Schedule 1 to the Children Act 1989 ] Concerning the [ Marriage OR Civil Partnership OR Relationship ] of [ applicant name ] and [ respondent name ] Order made by [ NAME OF JUDGE ] on [ DATE ] at a First Appointment, dealt with on the papers without attendance, in accordance with the Accelerated First Appointment procedure The parties and their representation The parties are as follows: The applicant, [ applicant name ], [ acts in person OR is represented by [ solicitor OR counsel ], namely [ solicitors’ firm or counsel’s name ] ]... ...

STOP PRESS: The Financial Remedies Guide 2026 Released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), with the approval of the President of the Family Division, the Guide replaces and supersedes the following: Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) — the High Court judge level efficiency statement Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) — the below High Court judge level efficiency statement Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court:...

Under general principles of trust law, a beneficiary’s or settlor’s spouse may serve as a trustee of a settlement without any prohibition. More broadly, there are few limits on eligibility for appointment as trustee; any person with capacity in law to hold the legal title to the trust property can be lawfully appointed as a trustee of that property......

The court holds comprehensive jurisdiction to sanction or decline a financial remedy consent order embodying the parties’ bargain (see section 33A of the Matrimonial Causes Act 1973 (MCA 1973) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.26). Yet the court is neither ‘a rubber stamp’ nor a ‘bloodhound’ or ‘forensic ferret’ (see Pounds v Pounds and L v L). Its jurisdiction cannot be excluded. The court undertakes an autonomous and independent evaluation to enable it to discharge and fulfil its statutory duties by reference to the relevant factors set out in the MCA 1973, s 25......

When a property is held by a husband and wife as joint tenants, each is regarded as owning the entirety of the property, and if one dies the surviving joint tenant continues to hold ownership of the whole property. Under this form of ownership, it is simply not possible for either the husband or the wife to leave a ‘share’ in the property to any third party......