Family Law Precedents Service

Authors Roger Bird & David Salter
Publisher Jordan Publishing
Product Family Law Precedents Service Looseleaf+CD    
Service 3 updates p.a. at approx £131 each

Features

Family Law Precedents Service provides family and child law practitioners with a comprehensive library of reliable and practical precedents designed to meet all your day-to-day needs, at every stage.

An exhaustive collection of precedents for applications and orders in respect of the most common – and many not so common – family proceedings is provided, together with a range of additional documents such as client care letters, declarations of trust and cohabitation agreements.

Each precedent is generously annotated and well presented with drafting advice and procedural guides so that its form of words can be understood in the context of the law that governs it. The loose-leaf format ensures that you keep abreast with the developments in practice and procedure, and includes precedents on the accompanying CD-ROM for you to use and adapt.

Family Law Precedents Service offers authoritative guidance and excellent value for money in a single volume and is a must for any practitioner carrying out children or ancillary relief work.

Family Law Precedents Service provides:

  • over 500 precedents
  • excellent value for money
  • authoritative, concise commentary
  • over 30 procedural checklists which ensure nothing is missed
  • free CD-ROM containing precedents

The CD-ROM contains fillable Word documents of precedents for applications and in respect of the most common – and many not so common – family proceedings, as well as additional documents, eg client care letters, declarations of trust and cohabitation agreements.

This major work offers authoritative guidance and excellent value for money in a single volume and is a must for any practitioner carrying out children or ancillary relief work.

This publication is currently being revised and re-structured to take account of the impact of the Family Procedure Rules 2010 and supplementary Practice Directions.

Contents

  • Procedural Guides and Precedents
  • Petitions and Answers in the Main Suit
  • Further Pleadings and Applications in the Main Suit
  • Ancillary Relief
  • Originating Applications
  • Children
  • Inheritance
  • Injunctions
  • Trusts of Land
  • Cohabitation
  • Experts
  • Enforcement
  • Appeals
  • Costs

Reviews

“An essential tool for all family practitioners.”
Childright

“Its first main and obvious benefit is that it deals exclusively with family law. This makes it refreshingly simple to navigate … the comprehensive section on enforcement is a gem.”
Family Law

Author information

General Editor:
Roger Bird, Former District Judge, Bristol County Court

Consultant Editor:
David Salter, Partner, Mills & Reeve

Contributors:
Michael Keehan QC, St Ive’s Chambers, Birmingham
Andy King, Partner, Foster & Partners, Bristol
Charles Prest, Barrister, No. 6 Chambers, Leeds

List of precedents

(from an earlier version)

Headings and Opening and Closing Parts

Gen 1 Formal headings for papers

Gen 2 Opening and closing parts for applications (county court) and summonses (High Court) Parties under Disability

Gen 3 Heading where party is under a disability

Gen 4 Certificate of solicitor as to fitness of next friend or guardian ad litem

Gen 5 Consent of next friend or guardian ad litem

Gen 6 Notice of application for direction as to appointment of guardian ad litem

Gen 7 Affidavit in support of application for directions as to guardian ad litem

Gen 8 Notice of application for named person to be appointed guardian ad litem of patient

Gen 9 Client care letter including a provision relating to the effect of the Proceeds of Crime Act 2002

Procedural guides:

Gen 1(PG) Family proceedings by or against a minor or a patient

Gen 2(PG) Changes to procedural guides fees made by the Family Proceedings Fees Order 2004

Divorce

A1 Petition for divorce based on adultery

A2 Petition for divorce based on behaviour

A3 Petition for divorce based on desertion

A4 Petition for divorce based on two years’ separation and consent

A5 Petition for divorce based on five years’ separation

A6 Respondent’s answer to divorce petition (short form)

A7 Respondent’s answer to divorce petition (behaviour) (long form)

A8 Answer including cross-petition

A9 Further clauses in answers (desertion, two years’ separation with consent and five years’ separation)

A10 Respondent’s answer to divorce petition (opposition on grounds of grave financial hardship under Matrimonial Causes Act 1973, s 5(2))

A11 Answer of co-respondent (denial)

A12 Answer of co-respondent (as to costs only)

A13 Answer of party cited (denial)

A14 Answer of party cited (as to costs only)

A15 Reply to answer (adultery)

A16 Rejoinder

A17 Reply to answer (opposition on grounds of grave financial hardship under Matrimonial Causes Act 1973, s 5(2))

A17A Affidavit in support of application to omit address

A17B Order giving leave to omit address

A17C Certificate with regard to reconciliation

A17D Confession statement

A17E Withdrawal of consent to decree based on two years’ separation

A17F Order staying position after withdrawal of consent

Judicial Separation

A18 Petition for judicial separation

A19 Answer to judicial separation petition and/or cross-petition

Nullity

A20 Originating application for leave to present nullity petition

A21 Affidavit in support of originating application for leave to present nullity petition

A22 Petition for nullity

A23 Petition for nullity with alternative prayer for divorce

A24 Petition for nullity with alternative prayer for judicial separation

A25 Answer to nullity petition (non-consummation)

Amendment of Petition

B1 Notice of application for leave to amend petition

B2 Amended petition

B3 Affidavit in support of application to amend petition

B4 Notice of application/summons by consent to amend petition

B5 Order giving leave to amend

B6 Application or summons to re-amend

B7 Application or summons to amend, etc, answer and subsequent pleadings

Supplemental Petition

B8 Supplemental petition

B9 Summons/notice of application for leave to file supplemental petition

B10 Affidavit in support of application for leave to file supplemental petition

B11 Order giving leave to file supplemental pleading

B12 Supplemental answer

Second or Further Petitions

B13 Summons/notice of application for leave to file second petition

B14 Order giving leave to file second petition

B14A Application for directions where more than one petition

Further Particulars

B15 Letter requesting further particulars of pleading

B16 Notice of application/summons for order for further particulars

B17 Order for further particulars

B18 Further particulars

Miscellaneous Applications/Orders

B18A Application for trial of issue

B18B Draft order for trial of issue

B18C Draft form of issue

B18D Draft order for trial of issue

General Ancillary Relief Precedents

C1 Notice of [intention to proceed with] an application for ancillary relief (Form A)

C2 Further applications which may be made on Form A

C3 Further applications in relation to pensions which may be made on Form A

C4 Notice of an application under FPR, r 2.45 (Form B)

C5 Letter advising client to retain financial documents

C6 Letter requesting client to provide schedule of income and outgoings

C7 Confidential client questionnaire

C8 Letter to client explaining about pensions

C9 Advice letter to client (party without pension rights) regarding attachment order

C10 Advice letter to client (party with pension rights) regarding attachment order

C11 Notice of application for order that party with pension rights requests details of pension from trustees or managers of pension scheme

C12 Letter to insurance company requesting policy details

C13 Letter of authority to insurance company

C14 Letter to employer or trustees requesting information relating to occupational pension scheme

C15 Letter of instruction to actuary to value occupational pension rights

C16 Notice of a First Appointment (Form C)

C17 Application to district judge for leave to file application for ancillary relief not claimed in petition or answer claiming relief

C18 Example of affidavit in support of application for leave to file application for ancillary relief not contained in petition or answer claiming relief

C18A Letter to mortgagees

C18B Further letter to mortgagee

C19 Financial statement (Form E)

C20 Letter regarding enclosures to Form E

C21 Letter enclosing draft Form E

C22 Letter enclosing Form E for swearing

C23 Notice of allegation in proceedings for ancillary relief (Form F)

C24 Notice of response to First Appointment (Form G)

C25 Example of a combined chronology and statement of issues

C26 Example of questionnaire seeking further information

C27 Questionnaire pursuant to FPR 1991, r 2.61B – life policy

C28 Questionnaire pursuant to FPR 1991, r 2.61B – occupational pension scheme

Failure to Provide Reasonable Maintenance

D1 Originating application on ground of failure to provide reasonable maintenance (Form M19)

D2 Notice of application under Family Proceedings Rules 1991, rule 3.1 or 3.2 (Form M20

D3 Affidavit in support of application on failure to provide reasonable maintenance

D4 Affidavit in opposition to application based on lack of jurisdiction

D5 Affidavit in opposition to application based on denial of allegation of failure to maintain

D6 Order on failure to provide reasonable maintenance

Alteration of Maintenance Agreement during Parties’ Lifetimes

D7 Originating application for alteration of maintenance agreement during parties’ lifetimes

D8 Affidavit of applicant in support of application for alteration of maintenance agreement during parties’ lifetimes

D9 Notice of application for alteration of maintenance agreement during parties’ lifetimes

D10 Affidavit of respondent in opposition to application for alteration of maintenance agreement during parties’ lifetimes

D11 Order varying maintenance agreement

Alteration of Maintenance Agreement after Death of One Party

D12 Originating summons (High Court) for alteration of maintenance agreement after death of one party

D13 Affidavit by payee in support of alteration of maintenance agreement after death of one party

D14 Affidavit by personal representative in support of alteration of maintenance agreement after death of one party

D15 Affidavit of defendant personal representative on an application for alteration of maintenance agreement after death of one party

Married Women’s Property Act 1882, section 17 Applications

D16 Originating summons (High Court) under Married Women’s Property Act 1882, section 17

D17 Affidavit in support of originating summons under the Married Women’s Property Act 1882

D18 Affidavit in opposition to originating summons under the Married Women’s Property Act 1882

D19 Originating application (county court) under Married Women’s Property Act 1882, section 17

D20 Affidavit verifying originating application (county court) under Married Women’s Property Act 1882, section 17

D21 Answer to originating application (county court) under Married Women’s Property Act 1882, section 17

D22 Notice to respondent under Married Women’s Property Act 1882, section 17

D23 Order for directions under the Married Women’s Property Act 1882

D24 Additional and alternative directions under the Married Women’s Property Act 1882

D25 Order under Married Women’s Property Act 1882, section 17

Applications under the Matrimonial and Family Proceedings Act 1984

D25A Ex parte originating summons under Matrimonial and Family Proceedings Act 1984, section 13

D25B Example of affidavit in support of application for leave to apply for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984

D25C Order for leave to apply for an order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984

D25D Originating summons under Matrimonial and Family Proceedings Act 1984, section 12

D25E Example of affidavit in support of application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984

D25F Example of affidavit in opposition to claim under Part III of the Matrimonial and Family Proceedings Act 1984

D25G Orders that may be made on application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984

Transfer of Tenancy

D26 Application for transfer of tenancy pursuant to Family Law Act 1996, Part IV – specimen grounds for application

Procedural guides:

D1(PG) Financial provision order under Matrimonial Causes Act 1973, section 27

D2(PG) Variation of a maintenance agreement

D3(PG) Declaration of proprietary rights under Married Women’s Property Act 1882, section 17

D4(PG) Transfer of a tenancy under Family Law Act 1996, Part IV

Matrimonial Causes Act 1973, section 37(2) applications

G1 Application for an order under Matrimonial Causes Act 1973, section 37(2)(a) (High Court or county court)

G2 Sworn statement in support of an application for an order under Matrimonial Causes Act 1973, section 37(2)(a)

G3 Draft order for an injunction without notice under Matrimonial Causes Act 1973, section 37(2)(a)

G4 Respondent’s draft summons to discharge injunction order

G5 Order made on notice under Matrimonial Causes Act 1973, section 37(2)(a)

G6 Application on notice under Matrimonial Causes Act 1973, section 37(2)(b) or (c) for an order setting aside a reviewable disposition

G7 Order setting aside disposition pursuant to Matrimonial Causes Act 1973, section 37(2)(b) or (c)

Matrimonial and Family Proceedings Act 1984, section 24 applications

G8 Originating summons under Matrimonial and Family Proceedings Act 1984, section 24

G9 Example of affidavit in support of application under Matrimonial and Family Proceedings Act 1984, section 24

G10 Injunction under Matrimonial and Family Proceedings Act 1984, section 24

G11 Example of affidavit in opposition to application under Matrimonial and Family Proceedings Act 1984, s 24

Family Law Act 1996, Part IV applications

G12 Application for order under Part IV of the Family Law Act 1996 (Form FL401)

G13 Short sworn statement in support of application for a non-molestation injunction

G14 Sworn statement opposing non-molestation injunction

G15 Sworn statement in support of an occupation order

G16 Orders made on applications for non-molestation orders and occupation orders (Form FL404)

G17 General form of undertaking (Form N117)

Protection from Harassment Act 1997 applications

G18 Particulars of claim under the Protection from Harassment Act 1997

G19 Application for injunction (General Form)

G20 Sworn statement in support of injunction application under Protection from Harassment Act 1997

G21 Draft injunction order (Form N16)

G22 Notice to mortgagees and landlords (Form FL416)

Letters

G23 Letter serving respondent with order

G24 Letter serving respondent with order containing undertaking

G25 Letter to police enclosing order

Procedural guides:

G1(PG) Restraining future disposals or dealings with property

G2(PG) Avoidance of disposition order

G3(PG) Restraining anticipated dealings pending an application for financial relief after overseas proceedings

G4(PG) Non-molestation order and/or occupation order in pending family proceedings, or under Family Law Act 1996, Part IV

G5(PG) Personal protection injunction based in torts

Applications under the Trusts of Land and Appointment of Trustees Act 1996

H1 Particulars of claim for application under the Trusts of Land and Appointment of Trustees Act 1996

H2 Specimen orders under the Trusts of Land and Appointment of Trustees Act 1996

Procedural guides:

H1(PG) Order under Trusts of Land and Appointment of Trustees Act 1996, s 14

Cohabitation

I1 Contractual licence

I1A Cohabitation contract

I2 Separation agreement between former cohabitants

I3 Pre-nuptial agreement

I4 Pension scheme nomination of a cohabitee

Orders

J1 Order for expert evidence

Letters

J2 Draft letter of instruction for jointly instructed expert witnesses in children proceedings

J3 Letter instructing surveyor to value property

J4 Letter instructing actuary to value pension rights

J5 Initial letter to expert witness

J6 Letter to expert witness pending payment of fees by Legal Services Commission

J7 Letter to expert witness enclosing fee

Enforcement of arrears – general

K1 Application notice (Form N244)

K2 Summons for leave to enforce arrears accruing more than 12 months before application (High Court)

K3 Notice of application to enforce arrears accruing more than 12 months before application (county court)

K4 Affidavit in support of an application to enforce arrears accruing more than 12 months before application (both High Court and county court)

Attachment of earnings

K5 Application for an attachment of earnings order (High Court)

K6 Affidavit in support of an application for an attachment of earnings order to secure continuing maintenance payments and arrears (High Court)

K7 Affidavit in support of an application for an attachment of earnings order to secure continuing maintenance payments and arrears (county court)

Charging order

K8 Affidavit in support of an application for a charging order where the debtor is the sole owner of land

K9 Affidavit in support of an application for a charging order where the debtor is a joint owner of land

K10 Affidavit in support of application without notice for garnishee order

Freezing injunction

K11 Affidavit in support of freezing injunction

Oral examination

K12 Affidavit in support of application for oral examination of debtor

Appointment of receiver

K13 Application notice for appointment of receiver (Form N244)

K14 Affidavit in support of an application to appoint a receiver by way of equitable execution (High Court or county court)

K15 Affidavit of fitness of proposed receiver (High Court or county court)

Writs of execution and of sequestration

K16 Affidavit in support of permission to issue a writ of execution (High Court or county court)

K17 Application notice for permission to issue a writ of sequestration (High Court)

K18 Affidavit in support of an application for permission to enforce by way of sequestration (High Court or county court)

Registration of periodical payments order

K19 Application for registration of periodical payments order in magistrates’ court (Form M33)

Judgment summons

K20 Request for issue of judgment summons

K21 Affidavit in support of judgment summons

Committal

K22 Penal notice

K23 Summons to commit (High Court)

K24 Notice to show good reason why an order for committal to prison should not be made (county court) (Form N78)

K25 Affidavit in support of application to commit

K26 Alternative affidavit in support of application to commit

K27 Affidavit opposing application to commit

K28 Order for committal (county court) (Form N79)

Contracts for sale or conveyance

K29 Application for order for nominated person to sign conveyance of property or contract for sale

K30 Example of affidavit in support of application that district judge (or other person) sign contract for sale or conveyance

K31 Order for execution of contract or conveyance on behalf of person refusing to execute or who cannot be found

K32 Endorsement on transfer or contract

Procedural guides:

K1(PG) Attachment of earnings order (High Court or county court)

K2(PG) Charging order

K3(PG) Garnishee order

K4(PG) Oral examination of the debtor

K5(PG) Appointment of a receiver by way of equitable execution

K6(PG) Execution against goods

K7(PG) Writ of sequestration

K8(PG) Registration in a magistrates’ court of a maintenance order made in the High Court or a county court

K9(PG) Committal by way of judgment summons

K10(PG) Means of payment order

K11(PG) Committal and arrest for disobedience of an injunctive order or breach of an undertaking in the High Court, county court or magistrates’ court

L1 Notice of appeal from district judge when case proceeding in a county court

L2 Notice of appeal from district judge to judge in High Court

L3 Notice of appeal from judge in the county court or High Court to the Court of Appeal

L4 Cross-notice by respondent to appeal

Procedural guides:

L1(PG) Appeal from a District Judge of the County Court to a Judge of the County Court

L2(PG) Appeal from a District Judge of the High Court to a Judge of the High Court

L3(PG) Appeal from a Judge of the High Court or from the Court of Appeal to the House of Lords

L4(PG) Appeal from a Judge of the County Court or the High Court to the Court of Appeal

L5(PG) Applications for Rehearing, for Leave to Appeal Out of Time and to Set Aside a Court Order

L5A(PG) Application in the county court in family proceedings for a rehearing (‘setting aside an order’)

L5B(PG) Application for permission to appeal out of time (Barder appeal)

Client care letters

M1 Terms of business letter to client on Legal Help for preparation of divorce

M2 Terms of business letter to client on Legal Help other than divorce

M3 Terms of business for Help with Mediation

M4 Terms of business for clients on General Family Help or Legal Representation

M5 Terms of business for private client: general family

Costs letters

M6 Letter confirming first appointment to client paying privately

M7 Letter confirming first appointment to client eligible for Legal Help

M8 Letter to client paying a contribution to CLS funding – no statutory charge

M9 Letter to client not paying a contribution to CLS funding – no statutory charge

M10 Letter to client to whom statutory charge may apply, containing estimate of further fees

M11 Letter to client to whom statutory charge may apply, containing estimate of further fees and envisaging exceptional rates

M12 Letter to privately paying client with six months’ costs estimate

M13 Letter to other party enclosing statement of costs for summary assessment

Standard orders

M14 Order for assessment of costs of publicly funded party

M15 General order for inter partes costs

M16 A more particular order for inter partes costs

M17 Interlocutory order against a publicly funded party

M18 Order against publicly funded party

M19 Order for costs against Legal Services Commission

Wasted costs

M20 Application for wasted costs order

M21 Wasted costs order without adjournment

M22 Notice to show cause why wasted costs order should not be made