Legal Precedents

This document offers broad guidance on the civil partnership dissolution procedure. Your family lawyer can give tailored advice that reflects your particular circumstances. No fault dissolution The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) has been described as a landmark overhaul of the law governing divorce and dissolution. Its purpose is to reduce conflict by introducing what is often referred to as a ‘no fault’ route. For the first time, the legislation entirely removed any requirement to attribute blame when starting dissolution proceedings. The new process applies to applications issued on or after 6 April 2022. Previously, to secure the dissolution of a civil partnership in England and Wales, the applicant had to demonstrate that the partnership had irretrievably broken down, which required proof of one of the ‘four facts’. Two of those facts relied on fault—namely unreasonable behaviour and...

This note offers general guidance on divorce procedure only. Your family lawyer will be able to give specific advice tailored to your circumstances. No fault divorce The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) has been widely described as a landmark reform of divorce law, intended to make the process less acrimonious by introducing what is commonly termed ‘no fault divorce’. For the first time, this legislation completely removes the need to attribute blame when commencing divorce proceedings, changing both tone and approach. The revised divorce procedure applies to applications issued from 6 April 2022. Historically, in England and Wales, anyone applying for a divorce had to demonstrate that the marriage had broken down irretrievably, and to do so they were required to prove one of five facts. Three of those facts depended on fault—adultery with a person of the opposite sex,...

This document offers general guidance on divorce procedure. Your family solicitor can provide advice tailored to your circumstances. Specific advice will depend on your circumstances, and your family solicitor can provide this. No fault divorce The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) substantially reshaped divorce law, aiming to lower acrimony by bringing in the commonly called ‘no fault divorce’. The legislation removes the need to attribute fault when initiating proceedings, rather than apportion blame at the outset. It entirely dispenses with attributing blame at the commencement of divorce proceedings. Historically, to obtain a divorce in England and Wales, the applicant had to demonstrate that the marriage had irretrievably broken down, which required proving one of five facts. Three rested on fault—adultery, unreasonable behaviour, and desertion—while two depended on a qualifying period of separation: two years with consent, or five years without...

IT IS ORDERED that: 1 Allocation 1.1 Allocation to Multi- Track This claim is assigned to the multi-track. 1.2 Allocation to Management Track This claim falls within the following management track: Case managed by a Master with the trial before a Judge Case management and the trial to be conducted by a Judge (full docketing) Case management and trial to be undertaken by a Master Case management shared between Judge and Master, with the trial before a Judge 2 Alternative dispute resolution This claim is stayed until [ date ] to allow the parties to attempt settlement through alternative dispute resolution or other means. At the end of that period, the parties must notify the Court in writing whether a settlement has been reached. At the same time, they must lodge either: (if settled) a draft consent Order signed by all parties; or (if not...

This Agreement is dated [ insert day ] of [ insert month ] 20 [ insert year ] Parties [ Insert full name and address of the claimant seeking [increased] financial provision from the Estate ] ( Party A ) [ Insert full name(s) and address(es) of the individual personal representative(s), or the company name, number and registered office address of any trust corporation ] ( Party B ) [ Insert full name(s) and address(es) of the other defendants to the claim ] ( Party C ) Each is a ‘ Party’, and together they are the ‘ Parties’ WHEREAS The Deceased passed away on [ date ], was domiciled in England and Wales, and was survived by [ list of family and dependants ] The Deceased [ left a final will and testament dated [ date ] OR died...

This note offers broad guidance on several core considerations when pursuing a family provision claim (a claim under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975)). Your dedicated Private Client adviser can deliver bespoke guidance aligned to your individual situation. What is a family provision claim? People in England and Wales may generally distribute their estate to whomever they choose. This contrasts with many legal systems where forced heirship dictates beneficiaries, or earmarks parts of an estate, on death. Yet, this freedom of testation here is limited by statute. The Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) permits certain classes of individuals, who were financially dependant on the deceased, to pursue a claim against the estate for reasonable financial provision. Such applications are commonly described as family provision claims,...

This template is derived from a precedent in Inheritance Act Claims: Law, Practice and Procedure Precedents (access available by subscription). IN THE [ HIGH COURT OF JUSTICE ] CLAIM NO. HC [ ... ] [ CHANCERY DIVISION ] [ BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES ] [ PROPERTY TRUSTS AND PROBATE LIST ] IN THE MATTER OF THE ESTATE OF [ INSERT NAME ], DECEASED AND IN THE MATTER OF THE INHERITANCE ( PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975 [ Name of judge ] [ Place of sitting if not in County Court in which claim was issued ] [ Date on which order is pronounced ] Parties [ INSERT NAME ] Claimant [ INSERT NAME ] (the personal representative of the deceased) [ INSERT NAME ] Defendants Order 1 Opening paragraphs [ Version 1: Where an order in favour of the claimant is made after a...

This template derives from a model set out in Andrew Francis’s Inheritance Act Claims: Law, Practice and Procedure Precedents (available by subscription). [ Endorsement regarding the party giving the statement, the date, etc., as per CPR Part 32 PD, para 17] IN THE [ HIGH COURT OF JUSTICE ] CLAIM NO.......

IN THE [ HIGH COURT OF JUSTICE ] CLAIM NO. HC [ ... This Precedent derives from a model set out in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (access subject to subscription). [ Indorsement as to party giving statement, date etc as in CPR 32.17]......

Dear [ insert name of GP or other appropriate capacity assessor ] Re: [ insert name of patient ] We act on behalf of [ insert name of proposed deputy ] and understand that the above-named individual is your patient and under your care. Our client has asked us to prepare an application to the Court of Protection seeking approval of a statutory Will on behalf of [ insert name of patient ]. By way of context and background, [ Insert, as appropriate, background information about P’s property and affairs, testamentary history and current testamentary intentions, if these can be ascertained ] Any application to the Court of Protection for a statutory Will must be supported by evidence of capacity in Form COP3, which is enclosed for your completion. The form consists of two parts, A and B. Part A has already been completed by our...

Divorce Dear [ insert client’s name ] I have received from the court your [ husband OR wife ]’s sealed acknowledgement of service ( Form D10), and I enclose a copy for your records. This confirms that your [ husband OR wife ] does not contest the divorce, so it may continue on an undefended basis. I am therefore able to apply for decree nisi, which is the next step in the divorce process. The significance of decree nisi is that, once it is pronounced, the court can make orders in respect of financial matters ancillary to the divorce. Six weeks and a......

Dear [ insert organisation ] [ insert case name ] [ insert case reference number ] We attach our client's application for decree nisi to be made absolute......

Dear [ insert respondent’s name ] Your [ wife OR husband ] ’s divorce application, seeking to bring your marriage to a close, has now been dealt with by the court......

Central Family Court Decree Absolute Search Section First Avenue House 42–49 High Holborn London WC1V 6NP Dear [ Insert name ] We represent [ insert name ] [ , the [ petitioner/applicant OR respondent ] ]. [ [ He OR She ] has not had contact with [ his OR her ] [ wife OR husband ] for [ insert number ] years. ] We would be grateful if you could conduct a search of the central index to establish whether our client’s [ wife OR husband ] has, at any point, issued divorce proceedings and secured a decree absolute/final order. Please search between [ insert date ] and [ insert date ]. We enclose: [ our cheque in respect of the fee OR the application for a fee exemption or remission form ] Form D440 We look forward to your reply. Yours faithfully [ insert signature ] Enc Cheque Form D440......

Case number Before the Family Court, held at [ place ] Concerning [ state the statute(s), European Regulation(s) or Protocol under which application is brought ] And concerning [ eg name(s), date of birth and gender of child(ren) ] Parties [ insert name ] Applicant And [ insert name ] [ First ] Respondent [ And [ insert name ] Second respondent (by their litigation friend/guardian) ] I, [ insert name ] of [ insert address ], a solicitor of the Senior Courts of England and Wales, say as follows: I am a partner at the firm of [ insert name ] of [ insert address ] and have responsibility for these proceedings on behalf of the [ applicant OR respondent ]......

[ insert date ] Dear [ insert client’s name ] I am enclosing your completed Form E. Please check it to make sure the particulars are accurate...

To: Newcastle Pension Centre, Futures Group The Pension Service9 Post Handling Site AWolverhampton WV98 1AFUK Date: [ insert date ] Dear Pension Service Our client: [ insert client’s name ] Date of birth: [ insert dd/mm/yyyy ] National Insurance number: [ insert NI number ] We represent [ insert client’s name ] in connection with divorce and financial proceedings. Please find enclosed: a letter of authority executed by our client permitting you to disclose information to us concerning their state pension [ a completed Form BR19 ] [ a completed Form BR20 ] We would be grateful if you would provide us with a [ state pension statement AND/ OR cash equivalent ( CE) valuation of any additional state pension ]. We look forward to hearing from you. Yours faithfully [ firm name ] Enc [ Form BR19 ] [ Form BR20 ]......

[ insert mortgagee name ] [ insert mortgagee address ] Dear [ insert organisation name ] Our client: [ insert client’s name ] [ Property OR Land ] address: [ insert address of property or land ] [ [ Property OR Land ] title number : [ insert title number ] ] Your reference: [ insert reference number ] We act for [ insert client’s name ] in connection with divorce and financial proceedings......

Dear [ insert organisation or individual’s name ] Our client: [ insert name ] [ Property OR Land ] : [ insert address ] Land Registry number : [ insert Land Registry number ] We act on behalf of [ insert name ] of [ insert address ]. [ We understand you are acting for [ insert name of party ]. ] [ We are aware that you are acting in person. ] The parties presently hold the property at [ insert address ] as joint tenants. Enclosed is a formal notice, issued under the Law of Property Act 1925, which severs the joint tenancy in equity; thereafter, the property will be held by the parties on trust as tenants in common [ in equal shares ]. Please acknowledge receipt of this correspondence and [ arrange for your client to sign OR sign ], date, and return the...

[ insert date ] Dear [ insert client’s name ] Further to the financial settlement reached between you and your [ former ] [ husband OR wife OR civil partner ], please find enclosed: a draft consent order; and a statement of information for a consent order in relation to a financial remedy ( Form D81) for your review and approval. Statement of information for a consent order in relation to a financial remedy ( Form D81) Form D81 is a standard court form intended to present the facts of your case in a format a judge can quickly take in. It provides a concise overview of each party’s finances. The form records your current capital and income, and the capital and income as they will be once the proposed order has been put into effect. The court needs these details so the judge can assess...