What are Family Procedure Rules?
The family court are obliged to follow a set of rules called the Family Procedure Rules which are designed to inform all court users such as judges, solicitors, barristers, and those who do not have legal representation “what to do” when dealing with a case in the family court.
The rules are supplemented by Practice Directions which inform people “how to do” something at court and both ensure that family courts across England and Wales are standardised.
Why have the changes been introduced?
The changes have been implemented to encourage and support families to resolve disputes amicably, support the wellbeing of children by keeping matters out of court, and relieve pressure on the court system which has endured significant backlogs and delays for a number of years.
There was an increase in number of applications by individuals who are unrepresented following the restrictions imposed on access to legal aid for the majority of people. Most of these cases could have been resolved outside of court had those people had access to legal services from a family solicitor.
What are the key changes?
Expanding non-court dispute resolution options
The amendments have extended the definition of non-court dispute resolution (NCDR) to include other processes such as private financial dispute resolution appointments, arbitration or resolving issues collaboratively.
Prior to this, people seeking to issue a court application under the Children Act 1989 or Matrimonial Causes Act 1973 were required to attend a Mediation Information Assessment Meeting with a mediator, unless exempted.
New requirements for court applications
Under the new rules, parties must now complete and submit Form FM5, setting out their views on NCDR and attempts to use non-court processes before issuing their court application.
The court will scrutinise compliance with the rules to ensure that opportunities to resolve matters without using the court process have not been overlooked.
The court will also have the power to adjourn hearings to encourage the parties to use NCDR processes and a failure to engage with these without good reason, will likely have costs consequences for those who have not complied. Cases which involve issues relating to domestic abuse are classed as exempt.
What does this mean for separating couples?
Those contemplating separation should be aware of these changes and the various out-of-court options available to them.
Whether the disputes involve children or finances, each family’s situation is unique, and not every resolution process will be suitable for everyone. Engaging with a knowledgeable family solicitor will guide you to the right process and ensure a fair outcome is achieved for all involved.
If you would like to discuss anything mentioned in this article or thinking about separating from your partner, please contact Claire Porter or a member of our family team.
What are Family Procedure Rules?
The family court are obliged to follow a set of rules called the Family Procedure Rules which are designed to inform all court users such as judges, solicitors, barristers, and those who do not have legal representation “what to do” when dealing with a case in the family court.
The rules are supplemented by Practice Directions which inform people “how to do” something at court and both ensure that family courts across England and Wales are standardised.
Why have the changes been introduced?
The changes have been implemented to encourage and support families to resolve disputes amicably, support the wellbeing of children by keeping matters out of court, and relieve pressure on the court system which has endured significant backlogs and delays for a number of years.
There was an increase in number of applications by individuals who are unrepresented following the restrictions imposed on access to legal aid for the majority of people. Most of these cases could have been resolved outside of court had those people had access to legal services from a family solicitor.
What are the key changes?
Expanding non-court dispute resolution options
The amendments have extended the definition of non-court dispute resolution (NCDR) to include other processes such as private financial dispute resolution appointments, arbitration or resolving issues collaboratively.
Prior to this, people seeking to issue a court application under the Children Act 1989 or Matrimonial Causes Act 1973 were required to attend a Mediation Information Assessment Meeting with a mediator, unless exempted.
New requirements for court applications
Under the new rules, parties must now complete and submit Form FM5, setting out their views on NCDR and attempts to use non-court processes before issuing their court application.
The court will scrutinise compliance with the rules to ensure that opportunities to resolve matters without using the court process have not been overlooked.
The court will also have the power to adjourn hearings to encourage the parties to use NCDR processes and a failure to engage with these without good reason, will likely have costs consequences for those who have not complied. Cases which involve issues relating to domestic abuse are classed as exempt.
What does this mean for separating couples?
Those contemplating separation should be aware of these changes and the various out-of-court options available to them.
Whether the disputes involve children or finances, each family’s situation is unique, and not every resolution process will be suitable for everyone. Engaging with a knowledgeable family solicitor will guide you to the right process and ensure a fair outcome is achieved for all involved.
If you would like to discuss anything mentioned in this article or thinking about separating from your partner, please contact Claire Porter or a member of our family team.