This major work, from the leading family law publisher, 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 is 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. Family Law Precedents Service is in loose-leaf format to ensure that it keeps abreast with developments in practice and procedure and includes all the precedents on the accompanying CD for you to use and adapt.
Written by former District judge Roger Bird, author of several acclaimed books on family law practice,with the assistance of David Salter, general editor of Pensions and Insurance on Family Breakdown, Family law Precedents Service offers authoritative guidance and excellent value for money in one single volume and is a must for any practitioner carrying out children or ancillary relief work.
"An essential tool for all family practitioners … a comprehensive source of reliable and practical precedents."
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
Headings and Opening and Closing Parts
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| Gen 1 | Formal headings for papers
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| Gen 2 | Opening and closing parts for applications (county court) and summonses (High Court) Parties under Disability
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| Gen 3 | Heading where party is under a disability
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| Gen 4 | Certificate of solicitor as to fitness of next friend or guardian ad litem
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| Gen 5 | Consent of next friend or guardian ad litem
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| Gen 6 | Notice of application for direction as to appointment of guardian ad litem
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| Gen 7 | Affidavit in support of application for directions as to guardian ad litem
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| Gen 8 | Notice of application for named person to be appointed guardian ad litem of patient
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| Gen 9 | Client care letter including a provision relating to the effect of the Proceeds of Crime Act 2002
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Procedural guides:
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| Gen 1(PG) | Family proceedings by or against a minor or a patient
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| Gen 2(PG) | Changes to procedural guides fees made by the Family Proceedings Fees Order 2004
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Divorce
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| A1 | Petition for divorce based on adultery
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| A2 | Petition for divorce based on behaviour
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| A3 | Petition for divorce based on desertion
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| A4 | Petition for divorce based on two years' separation and consent
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| A5 | Petition for divorce based on five years' separation
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| A6 | Respondent's answer to divorce petition (short form)
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| A7 | Respondent's answer to divorce petition (behaviour) (long form)
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| A8 | Answer including cross-petition
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| A9 | Further clauses in answers (desertion, two years' separation with consent and five years' separation)
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| A10 | Respondent's answer to divorce petition (opposition on grounds of grave financial hardship under Matrimonial Causes Act 1973, s 5(2))
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| A11 | Answer of co-respondent (denial)
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| A12 | Answer of co-respondent (as to costs only)
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| A13 | Answer of party cited (denial)
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| A14 | Answer of party cited (as to costs only)
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| A15 | Reply to answer (adultery)
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| A16 | Rejoinder
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| A17 | Reply to answer (opposition on grounds of grave financial hardship under Matrimonial Causes Act 1973, s 5(2))
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| A17A | Affidavit in support of application to omit address
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| A17B | Order giving leave to omit address
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| A17C | Certificate with regard to reconciliation
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| A17D | Confession statement
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| A17E | Withdrawal of consent to decree based on two years' separation
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| A17F | Order staying position after withdrawal of consent
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Judicial Separation
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| A18 | Petition for judicial separation
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| A19 | Answer to judicial separation petition and/or cross-petition
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Nullity
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| A20 | Originating application for leave to present nullity petition
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| A21 | Affidavit in support of originating application for leave to present nullity petition
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| A22 | Petition for nullity
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| A23 | Petition for nullity with alternative prayer for divorce
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| A24 | Petition for nullity with alternative prayer for judicial separation
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| A25 | Answer to nullity petition (non-consummation)
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Amendment of Petition
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| B1 | Notice of application for leave to amend petition
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| B2 | Amended petition
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| B3 | Affidavit in support of application to amend petition
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| B4 | Notice of application/summons by consent to amend petition
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| B5 | Order giving leave to amend
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| B6 | Application or summons to re-amend
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| B7 | Application or summons to amend, etc, answer and subsequent pleadings
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Supplemental Petition
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| B8 | Supplemental petition
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| B9 | Summons/notice of application for leave to file supplemental petition
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| B10 | Affidavit in support of application for leave to file supplemental petition
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| B11 | Order giving leave to file supplemental pleading
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| B12 | Supplemental answer
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Second or Further Petitions
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| B13 | Summons/notice of application for leave to file second petition
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| B14 | Order giving leave to file second petition
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| B14A | Application for directions where more than one petition
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Further Particulars
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| B15 | Letter requesting further particulars of pleading
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| B16 | Notice of application/summons for order for further particulars
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| B17 | Order for further particulars
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| B18 | Further particulars
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Miscellaneous Applications/Orders
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| B18A | Application for trial of issue
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| B18B | Draft order for trial of issue
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| B18C | Draft form of issue
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| B18D | Draft order for trial of issue
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General Ancillary Relief Precedents
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| C1 | Notice of [intention to proceed with] an application for ancillary relief (Form A)
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| C2 | Further applications which may be made on Form A
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| C3 | Further applications in relation to pensions which may be made on Form A
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| C4 | Notice of an application under FPR, r 2.45 (Form B)
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| C5 | Letter advising client to retain financial documents
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| C6 | Letter requesting client to provide schedule of income and outgoings
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| C7 | Confidential client questionnaire
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| C8 | Letter to client explaining about pensions
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| C9 | Advice letter to client (party without pension rights) regarding attachment order
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| C10 | Advice letter to client (party with pension rights) regarding attachment order
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| C11 | Notice of application for order that party with pension rights requests details of pension from trustees or managers of pension scheme
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| C12 | Letter to insurance company requesting policy details
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| C13 | Letter of authority to insurance company
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| C14 | Letter to employer or trustees requesting information relating to occupational pension scheme
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| C15 | Letter of instruction to actuary to value occupational pension rights
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| C16 | Notice of a First Appointment (Form C)
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| C17 | Application to district judge for leave to file application for ancillary relief not claimed in petition or answer claiming relief
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| C18 | Example of affidavit in support of application for leave to file application for ancillary relief not contained in petition or answer claiming relief
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| C18A | Letter to mortgagees
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| C18B | Further letter to mortgagee
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| C19 | Financial statement (Form E)
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| C20 | Letter regarding enclosures to Form E
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| C21 | Letter enclosing draft Form E
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| C22 | Letter enclosing Form E for swearing
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| C23 | Notice of allegation in proceedings for ancillary relief (Form F)
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| C24 | Notice of response to First Appointment (Form G)
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| C25 | Example of a combined chronology and statement of issues
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| C26 | Example of questionnaire seeking further information
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| C27 | Questionnaire pursuant to FPR 1991, r 2.61B - life policy
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| C28 | Questionnaire pursuant to FPR 1991, r 2.61B - occupational pension scheme
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Failure to Provide Reasonable Maintenance
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| D1 | Originating application on ground of failure to provide reasonable maintenance (Form M19)
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| D2 | Notice of application under Family Proceedings Rules 1991, rule 3.1 or 3.2 (Form M20
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| D3 | Affidavit in support of application on failure to provide reasonable maintenance
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| D4 | Affidavit in opposition to application based on lack of jurisdiction
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| D5 | Affidavit in opposition to application based on denial of allegation of failure to maintain
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| D6 | Order on failure to provide reasonable maintenance
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Alteration of Maintenance Agreement during Parties' Lifetimes
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| D7 | Originating application for alteration of maintenance agreement during parties' lifetimes
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| D8 | Affidavit of applicant in support of application for alteration of maintenance agreement during parties' lifetimes
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| D9 | Notice of application for alteration of maintenance agreement during parties' lifetimes
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| D10 | Affidavit of respondent in opposition to application for alteration of maintenance agreement during parties' lifetimes
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| D11 | Order varying maintenance agreement
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Alteration of Maintenance Agreement after Death of One Party
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| D12 | Originating summons (High Court) for alteration of maintenance agreement after death of one party
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| D13 | Affidavit by payee in support of alteration of maintenance agreement after death of one party
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| D14 | Affidavit by personal representative in support of alteration of maintenance agreement after death of one party
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| D15 | Affidavit of defendant personal representative on an application for alteration of maintenance agreement after death of one party
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Married Women's Property Act 1882, section 17 Applications
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| D16 | Originating summons (High Court) under Married Women's Property Act 1882, section 17
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| D17 | Affidavit in support of originating summons under the Married Women's Property Act 1882
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| D18 | Affidavit in opposition to originating summons under the Married Women's Property Act 1882
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| D19 | Originating application (county court) under Married Women's Property Act 1882, section 17
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| D20 | Affidavit verifying originating application (county court) under Married Women's Property Act 1882, section 17
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| D21 | Answer to originating application (county court) under Married Women's Property Act 1882, section 17
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| D22 | Notice to respondent under Married Women's Property Act 1882, section 17
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| D23 | Order for directions under the Married Women's Property Act 1882
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| D24 | Additional and alternative directions under the Married Women's Property Act 1882
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| D25 | Order under Married Women's Property Act 1882, section 17
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Applications under the Matrimonial and Family Proceedings Act 1984
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| D25A | Ex parte originating summons under Matrimonial and Family Proceedings Act 1984, section 13
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| 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
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| D25C | Order for leave to apply for an order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984
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| D25D | Originating summons under Matrimonial and Family Proceedings Act 1984, section 12
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| D25E | Example of affidavit in support of application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984
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| D25F | Example of affidavit in opposition to claim under Part III of the Matrimonial and Family Proceedings Act 1984
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| D25G | Orders that may be made on application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984
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Transfer of Tenancy
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| D26 | Application for transfer of tenancy pursuant to Family Law Act 1996, Part IV - specimen grounds for application
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Procedural guides:
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| D1(PG) | Financial provision order under Matrimonial Causes Act 1973, section 27
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| D2(PG) | Variation of a maintenance agreement
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| D3(PG) | Declaration of proprietary rights under Married Women's Property Act 1882, section 17
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| D4(PG) | Transfer of a tenancy under Family Law Act 1996, Part IV
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Matrimonial Causes Act 1973, section 37(2) applications
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| G1 | Application for an order under Matrimonial Causes Act 1973, section 37(2)(a) (High Court or county court)
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| G2 | Sworn statement in support of an application for an order under Matrimonial Causes Act 1973, section 37(2)(a)
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| G3 | Draft order for an injunction without notice under Matrimonial Causes Act 1973, section 37(2)(a)
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| G4 | Respondent's draft summons to discharge injunction order
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| G5 | Order made on notice under Matrimonial Causes Act 1973, section 37(2)(a)
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| G6 | Application on notice under Matrimonial Causes Act 1973, section 37(2)(b) or (c) for an order setting aside a reviewable disposition
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| G7 | Order setting aside disposition pursuant to Matrimonial Causes Act 1973, section 37(2)(b) or (c)
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Matrimonial and Family Proceedings Act 1984, section 24 applications
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| G8 | Originating summons under Matrimonial and Family Proceedings Act 1984, section 24
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| G9 | Example of affidavit in support of application under Matrimonial and Family Proceedings Act 1984, section 24
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| G10 | Injunction under Matrimonial and Family Proceedings Act 1984, section 24
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| G11 | Example of affidavit in opposition to application under Matrimonial and Family Proceedings Act 1984, s 24
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Family Law Act 1996, Part IV applications
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| G12 | Application for order under Part IV of the Family Law Act 1996 (Form FL401)
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| G13 | Short sworn statement in support of application for a non-molestation injunction
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| G14 | Sworn statement opposing non-molestation injunction
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| G15 | Sworn statement in support of an occupation order
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| G16 | Orders made on applications for non-molestation orders and occupation orders (Form FL404)
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| G17 | General form of undertaking (Form N117)
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Protection from Harassment Act 1997 applications
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| G18 | Particulars of claim under the Protection from Harassment Act 1997
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| G19 | Application for injunction (General Form)
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| G20 | Sworn statement in support of injunction application under Protection from Harassment Act 1997
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| G21 | Draft injunction order (Form N16)
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| G22 | Notice to mortgagees and landlords (Form FL416)
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Letters
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| G23 | Letter serving respondent with order
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| G24 | Letter serving respondent with order containing undertaking
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| G25 | Letter to police enclosing order
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Procedural guides:
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| G1(PG) | Restraining future disposals or dealings with property
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| G2(PG) | Avoidance of disposition order
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| G3(PG) | Restraining anticipated dealings pending an application for financial relief after overseas proceedings
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| G4(PG) | Non-molestation order and/or occupation order in pending family proceedings, or under Family Law Act 1996, Part IV
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| G5(PG) | Personal protection injunction based in torts
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Applications under the Trusts of Land and Appointment of Trustees Act 1996
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| H1 | Particulars of claim for application under the Trusts of Land and Appointment of Trustees Act 1996
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| H2 | Specimen orders under the Trusts of Land and Appointment of Trustees Act 1996
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Procedural guides:
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| H1(PG) | Order under Trusts of Land and Appointment of Trustees Act 1996, s 14
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Cohabitation
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| I1 | Contractual licence
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| I1A | Cohabitation contract
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| I2 | Separation agreement between former cohabitants
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| I3 | Pre-nuptial agreement
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| I4 | Pension scheme nomination of a cohabitee
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Orders
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| J1 | Order for expert evidence
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Letters
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| J2 | Draft letter of instruction for jointly instructed expert witnesses in children proceedings
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| J3 | Letter instructing surveyor to value property
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| J4 | Letter instructing actuary to value pension rights
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| J5 | Initial letter to expert witness
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| J6 | Letter to expert witness pending payment of fees by Legal Services Commission
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| J7 | Letter to expert witness enclosing fee
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Enforcement of arrears - general
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| K1 | Application notice (Form N244)
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| K2 | Summons for leave to enforce arrears accruing more than 12 months before application (High Court)
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| K3 | Notice of application to enforce arrears accruing more than 12 months before application (county court)
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| K4 | Affidavit in support of an application to enforce arrears accruing more than 12 months before application (both High Court and county court)
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Attachment of earnings
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| K5 | Application for an attachment of earnings order (High Court)
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| K6 | Affidavit in support of an application for an attachment of earnings order to secure continuing maintenance payments and arrears (High Court)
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| K7 | Affidavit in support of an application for an attachment of earnings order to secure continuing maintenance payments and arrears (county court)
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Charging order
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| K8 | Affidavit in support of an application for a charging order where the debtor is the sole owner of land
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| K9 | Affidavit in support of an application for a charging order where the debtor is a joint owner of land
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| K10 | Affidavit in support of application without notice for garnishee order
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Freezing injunction
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| K11 | Affidavit in support of freezing injunction
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Oral examination
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| K12 | Affidavit in support of application for oral examination of debtor
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Appointment of receiver
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| K13 | Application notice for appointment of receiver (Form N244)
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| K14 | Affidavit in support of an application to appoint a receiver by way of equitable execution (High Court or county court)
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| K15 | Affidavit of fitness of proposed receiver (High Court or county court)
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Writs of execution and of sequestration
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| K16 | Affidavit in support of permission to issue a writ of execution (High Court or county court)
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| K17 | Application notice for permission to issue a writ of sequestration (High Court)
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| K18 | Affidavit in support of an application for permission to enforce by way of sequestration (High Court or county court)
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Registration of periodical payments order
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| K19 | Application for registration of periodical payments order in magistrates' court (Form M33)
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Judgment summons
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| K20 | Request for issue of judgment summons
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| K21 | Affidavit in support of judgment summons
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Committal
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| K22 | Penal notice
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| K23 | Summons to commit (High Court)
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| K24 | Notice to show good reason why an order for committal to prison should not be made (county court) (Form N78)
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| K25 | Affidavit in support of application to commit
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| K26 | Alternative affidavit in support of application to commit
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| K27 | Affidavit opposing application to commit
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| K28 | Order for committal (county court) (Form N79)
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Contracts for sale or conveyance
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| K29 | Application for order for nominated person to sign conveyance of property or contract for sale
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| K30 | Example of affidavit in support of application that district judge (or other person) sign contract for sale or conveyance
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| K31 | Order for execution of contract or conveyance on behalf of person refusing to execute or who cannot be found
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| K32 | Endorsement on transfer or contract
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Procedural guides:
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| K1(PG) | Attachment of earnings order (High Court or county court)
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| K2(PG) | Charging order
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| K3(PG) | Garnishee order
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| K4(PG) | Oral examination of the debtor
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| K5(PG) | Appointment of a receiver by way of equitable execution
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| K6(PG) | Execution against goods
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| K7(PG) | Writ of sequestration
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| K8(PG) | Registration in a magistrates' court of a maintenance order made in the High Court or a county court
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| K9(PG) | Committal by way of judgment summons
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| K10(PG) | Means of payment order
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| 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
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| L1 | Notice of appeal from district judge when case proceeding in a county court
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| L2 | Notice of appeal from district judge to judge in High Court
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| L3 | Notice of appeal from judge in the county court or High Court to the Court of Appeal
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| L4 | Cross-notice by respondent to appeal
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Procedural guides:
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| L1(PG) | Appeal from a District Judge of the County Court to a Judge of the County Court
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| L2(PG) | Appeal from a District Judge of the High Court to a Judge of the High Court
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| L3(PG) | Appeal from a Judge of the High Court or from the Court of Appeal to the House of Lords
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| L4(PG) | Appeal from a Judge of the County Court or the High Court to the Court of Appeal
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| L5(PG) | Applications for Rehearing, for Leave to Appeal Out of Time and to Set Aside a Court Order
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| L5A(PG) | Application in the county court in family proceedings for a rehearing ('setting aside an order')
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| L5B(PG) | Application for permission to appeal out of time (Barder appeal)
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Client care letters
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| M1 | Terms of business letter to client on Legal Help for preparation of divorce
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| M2 | Terms of business letter to client on Legal Help other than divorce
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| M3 | Terms of business for Help with Mediation
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| M4 | Terms of business for clients on General Family Help or Legal Representation
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| M5 | Terms of business for private client: general family
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Costs letters
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| M6 | Letter confirming first appointment to client paying privately
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| M7 | Letter confirming first appointment to client eligible for Legal Help
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| M8 | Letter to client paying a contribution to CLS funding - no statutory charge
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| M9 | Letter to client not paying a contribution to CLS funding - no statutory charge
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| M10 | Letter to client to whom statutory charge may apply, containing estimate of further fees
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| M11 | Letter to client to whom statutory charge may apply, containing estimate of further fees and envisaging exceptional rates
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| M12 | Letter to privately paying client with six months' costs estimate
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| M13 | Letter to other party enclosing statement of costs for summary assessment
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Standard orders
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| M14 | Order for assessment of costs of publicly funded party
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| M15 | General order for inter partes costs
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| M16 | A more particular order for inter partes costs
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| M17 | Interlocutory order against a publicly funded party
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| M18 | Order against publicly funded party
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| M19 | Order for costs against Legal Services Commission
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Wasted costs
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| M20 | Application for wasted costs order
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| M21 | Wasted costs order without adjournment
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| M22 | Notice to show cause why wasted costs order should not be made
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