Legal Precedents

1 Introduction This letter instructs you to act as the single joint expert in financial remedy proceedings arising from divorce proceedings between [ client’s full name ] and [ spouse’s full name ]. You are jointly instructed by [ lead firm preparing letter ] for [ client’s full name ] and by [ name and address of spouse’s solicitors ], [ telephone number and email of spouse’s solicitors ] on behalf of [ spouse’s full name ], on the basis that your expert opinion will remain independent of both parties. At the First Appointment on [ date of first appointment ], District Judge [ name ], sitting at the Family Court at [ location ], made the following order: [ insert exact wording from order ]. The scope of your instructions is confirmed in the order dated [ date of first...

STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel ( National Lead Judge) and His Honour Judge Hess ( Deputy National Lead Judge), with the President of the Family Division’s approval, the Guide replaces: the 2016 High Court judge level efficiency statement the 2022 below High Court judge level efficiency statement the Financial Remedies Court Primary Principles (2022) the Financial Remedies Court notice on electronic bundles (2022) the 21 May 2024 guidance on allocating cases to High Court judge level This document will be updated accordingly. See News Analysis: Financial Remedies Guide consolidates existing guidance and efficiency statements. Dear [ insert organisation name ] Our client: [ client’s full name ] Property: [ address ] We act for [ client’s full name ] in divorce and financial proceedings and enclose a signed authority to release...

Dear [ client name ] Mediation Information and Assessment Meeting ( MIAM) Before submitting certain family applications, the rules of court require an applicant to attend a Mediation Information and Assessment Meeting ( MIAM). At this meeting, you and a mediator will explore whether the dispute could be managed without using the court process. The mediator will set out the potential benefits of various non-court dispute resolution options. Mediation is confidential. No party may inform the court about what was discussed during mediation, nor the reasons why an agreement was not achieved. In most family proceedings, the court expects applicants to satisfy this requirement before starting a case, save in specific situations (see Potential MIAM exemptions below). While the duty to attend a MIAM does not extend to every family matter, it does apply to an application for [ insert type of order sought ]....

This document offers general guidance on applying to the court for maintenance on divorce or the dissolution of a civil partnership. Your family lawyer can provide tailored advice based on your circumstances and will be able to address your specific situation. Who can apply for maintenance? Either spouse or civil partner may apply to the court for a spousal or civil partner maintenance order, also referred to as a periodical payments order. The party making the application is the applicant; the other party is the respondent respectively. Save in certain specified situations, a prospective applicant must consider with a mediator whether the dispute could be resolved by non-court dispute resolution. All applicants must meet these requirements before starting proceedings unless a stated exception applies, and the court will expect any respondent to have attended a mediation information and assessment meeting ( MIAM)...

This guide offers broad information on applications for step-parent adoptions. Your family solicitor can give tailored guidance that reflects your situation. It outlines the essentials and scope of the process. Why might a step-parent want to apply for an adoption order? In law, the Children Act 1989 describes parental responsibility as all the rights, duties, powers, responsibilities and authority that a parent holds regarding a child and their property. Anyone with parental responsibility is entitled to participate in significant decisions about the child, including—but not limited to—where they live or attend school, whether medical treatment is given or withheld, and which religion they should practise as applicable. An adoption order passes parental responsibility to the adopter—the step-parent—who will then share that responsibility with their partner, the child’s birth parent. Such an order also alters the child’s legal status going forward. It brings to an end all legal...

At the Family Court held at [ Court name ] Case No: [ Case number ] Non- Molestation Order The Family Law Act 1996 Full name(s) of the child(ren) Boy or girl Date(s) of birth [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] Before [ name of judge ], in private, on [ date ] at a [ type of hearing ] Important notice to the respondent, [ RESPONDENT NAME ] of [ RESPONDENT address ] You are required to comply with this order. Please read it thoroughly. If any part is unclear, seek advice from a solicitor, a Legal Advice Centre or the Citizens Advice Bureau. You have the right to ask the court to vary or discharge this order. Warning: without reasonable excuse, doing anything this order prohibits amounts to a criminal...

Dear [ insert name of GP or other appropriate capacity assessor ] Re: [ insert name of patient ] We act for [ insert name of proposed deputy ] and understand that the person named above is under your care as a patient. Our client has asked us to prepare and submit an application to the Court of Protection seeking the appointment of [ him OR her ] as Deputy for [ insert name of patient ], that [ he OR she ] may make decisions on behalf of [ insert name of patient ], on the basis that they lack capacity to make those decisions independently. An application to the Court of Protection must be supported by evidence regarding capacity in Form COP3, which we enclose for your completion. In accordance with the provisions of the Mental Capacity Act 2005 ( MCA 2005), an...

This note offers general guidance on the property rights of cohabitants and claims arising under the Trusts of Land and Appointment of Trustees Act 1996. Your family solicitor can provide advice tailored to your circumstances. Who can apply? Cohabitants do not share the same rights to pursue property claims as married couples or civil partners. Instead, disagreements between cohabitants about their interests in a property are decided in line with trust law. The 'common law' wife or husband has no standing in law, and cohabitants' claims are much more limited than those of spouses or civil partners. In some situations it may be possible to bring a claim for a child (see: Financial arrangements for children—client guide). There are two main ways in which a cohabitant may hold an interest in a property: as a joint owner; or where the property is in the sole name of the other...

This document offers only general guidance about separation agreements. Your family lawyer will be able to give specific advice tailored to your circumstances and needs. What is a separation agreement? Spouses or civil partners may make a clear written agreement setting out in detail precisely what they wish to happen to their finances, property and other practical arrangements as a result of a current or planned separation. This document is known as a separation agreement. Such agreements are commonly used by couples who are living apart but do not wish to divorce or dissolve their civil partnership at that particular time, perhaps for religious or practical reasons. The legal position draws on the usual law applying to divorce and dissolution of civil partnership, and on the Supreme Court’s 2010 decision in Radmacher v Granatino, which stated in effect that a nuptial agreement, freely entered into by both...

This overview offers general information about public law applications concerning children. Your family solicitor can give tailored guidance for your situation. When a local authority is worried about a child’s wellbeing and steps in within a family, the court can make a range of orders. This guide sets out a concise outline of those orders. It offers general guidance; your family lawyer can give specific advice for your circumstances as to your needs. About care proceedings ‘ Care proceedings’ describes the legal route by which a local authority asks the court to permit it to take a young person into its care. Children are only ‘looked after’ by a local authority if the court is satisfied that a child is suffering, or likely to suffer, significant harm due to the care given by parents or carers, or is beyond a parent or carer’s...

This overview offers general guidance on injunctions in the family courts to protect against domestic abuse. Your family lawyer can provide specific advice tailored to your situation. Family homes and domestic abuse If you are facing violence, threats or intimidation, you can apply to the family courts for an injunction to help protect you. There are two types of injunction: a non-molestation order, and an occupation order What is a non-molestation order? A non-molestation order restrains your partner or spouse from using or threatening violence against you or your children, or from intimidating, harassing or pestering you. It can include detailed provisions tailored to the particular behaviour affecting you. Who can apply? To seek a non-molestation order you must be an associated person, as defined in the relevant legislation. This includes current and former spouses, civil partners and cohabitants, as well as fiancé(e)s, relatives, people living in the same...

This guide provides general information on post-nuptial agreements. Your family lawyer can offer specific advice that reflects your personal circumstances and needs. What is a post-nuptial agreement? A couple who are already married or in a civil partnership might choose to make an agreement setting out what they want to happen to their money and property if their marriage or civil partnership were to end at a later date. They may do this because they did not enter a pre-nuptial agreement before marrying, or after a separation followed by getting back together. A couple who are separating can also make an agreement about financial issues if they do not yet wish to divorce or dissolve their civil partnership; this type of post-nuptial agreement is known as a separation agreement, and similar rules apply......

This document offers general guidance on pre-nuptial agreements. Your family solicitor can provide specific advice tailored to your circumstances. What is a pre-nuptial agreement? A couple preparing to marry or enter a civil partnership may choose an agreement that sets out what they intend should happen to their money and property if the marriage or civil partnership were to end. The legal position stems from the ordinary laws on divorce and dissolution, and from the Supreme Court’s 2010 ruling in Radmacher v Granatino, which stated: ‘ The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. Why enter into a pre-nuptial agreement? People have different motivations for entering into a pre-nuptial agreement. You and your...

This note offers broad guidance on financial support for children. Your family solicitor can give tailored advice to suit your particular circumstances and needs. Child maintenance Under the law relating to child maintenance (also called child support), the court is generally unable to make a child maintenance order other than by the parties’ consent (agreement), except where certain exceptions apply. Any consent order for a child’s maintenance binds for only one year, after which either parent may seek a calculation from the Child Maintenance Service ( CMS), if they wish to do so. Where you and the other parent cannot settle the level of maintenance, either party can apply to the CMS for a formal assessment......

This note sets out general guidance on dissolving a civil partnership in cases where the court issued the proceedings before 6 April 2022. Your family solicitor can offer tailored advice for your particular circumstances. How do I apply for a dissolution? To seek a civil partnership dissolution (the term used for divorce in civil partnerships), you must have been in the partnership for at least one year before making the application. The location of your ceremony is irrelevant; however, you may apply in England and Wales only if you or your civil partner satisfy specific residence requirements or are domiciled in this jurisdiction. If unsure, take advice from your family solicitor. The procedure is largely administrative, so in most cases neither party attends before a judge; decisions are typically made on the papers. Matters remain straightforward unless your partner chooses to defend the case and...

This note offers general guidance on applying for child arrangements orders, while your family lawyer can give advice tailored to your situation. What is a child arrangements order? A child arrangements order ( CAO) sets out how a child’s arrangements are organised and may cover: who the child is to live with, spend time with or otherwise have contact with when the child is to live with, spend time with or otherwise have contact with any person ‘ Contact’ simply refers to the time a child spends with an adult. It can happen in different ways, including: direct time between the child and the person named in the order overnight stays supervised time indirect contact via letters or cards In unusual cases, if the child’s best interests require it, the court can decide that there should be no...

This document offers general guidance on the divorce procedure in relation to divorces begun before 6 April 2022. Your family lawyer will be able to provide advice tailored to your particular circumstances. How do I apply for a divorce? To begin a divorce application, you must have been married for a minimum period of one year from the date of the marriage. It does not matter where in the world the marriage took place, but you may only apply in England and Wales if either you or your spouse satisfy certain residence requirements or are domiciled here. If you are unsure about eligibility, speak to your family lawyer for clarification. The procedure is largely administrative in nature. In most situations, neither party is required to attend before a judge; the judge will almost always approve the divorce on the paperwork alone, based on the...

This note offers general guidance about financial disclosure. Your family lawyer will be able to give specific advice tailored to your circumstances. What is financial disclosure? Financial disclosure means providing your spouse or partner, and the court, with complete information about your personal financial position together with your anticipated needs and resources. It is ordinarily the first step your family lawyer will ask you to take, because they cannot advise you properly on the likely outcome of your matter without a clear understanding of where both you and your spouse/partner stand financially. In financial cases, transparency is crucial whatever route you choose to reach an agreement, whether inside or outside the court system. If you commence court proceedings, the court will require both you and your spouse/partner to complete a detailed financial statement (a form known as Form E) before the first hearing. In...

This note provides general guidance about applying for permission to remove children from the jurisdiction on a permanent basis. It concerns applications for leave to remove children permanently from the jurisdiction. Your family solicitor can give tailored advice that reflects your particular situation and circumstances. Can I move to live abroad with the children? If you are separated or divorced and wish to relocate overseas permanently with your children, you must secure written consent from the other parent and/or anyone else who holds parental responsibility for the child before relocating. Where the other parent refuses consent, you may ask the court for permission; this is referred to as a leave to remove or relocation application. Making an application to court If agreement about the children’s place of residence cannot be reached, you can apply to the court for an order. Before issuing...

This document offers general guidance on parental responsibility for a child. Your family lawyer will be able to give specific advice tailored to your circumstances. What is parental responsibility? Parental responsibility is defined in law by the Children Act 1989 as all the rights, duties, powers, responsibilities and authority that a parent holds in relation to a child and the child’s property. Anyone who has parental responsibility is entitled to be involved in significant decisions concerning the child, including: where the child is to live which school they should attend whether the child should follow any religion (if at all) the name the child should use consenting to or refusing medical treatment managing the child’s money or property Parental responsibility does not allow a person to interfere with ordinary, day-to-day choices such as clothing, hobbies, or preferred TV...