This major work 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.
New for 2008
Now includes an expanded Children Division taking account of all the latest developments in public child law proceedings.
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.
Family Law Precedents Service is in loose-leaf format to ensure that it keeps abreast with developments in practice and procedure and includes precedents on the accompanying CD-ROM for you to use and adapt. Written by Roger Bird, Former District Judge, author of several acclaimed books on family law practice, with the assistance of a team of practitioner contributors.
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.
"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
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
