Out with the Old

Family Procedure Rules

Came into effect on 6 April 2011

Some familiar phrases will be consigned to history, with the most notable changes being:

  • ‘Ancillary relief’ becomes ‘financial order’;
  • Divorce proceedings become ‘matrimonial proceedings’
  • A petition will simply become an ‘application’

Costs

The presumption that each party pay their own costs is excluded from applications for maintenance pending suit/interim periodical payments.

This should therefore mean that the losing party in such applications will be facing the risk of cost order. Applications to vary maintenance pending suit/interim periodical payments orders are not included within this exception.

Mediation.

Apart from certain exceptions, such as applications for enforcement in Children Act proceedings, or applications for avoidance of disposition orders within financial proceedings, there must be compliance with the pre-action protocol prior to instigating proceedings, which require the applicant to arrange mediation.

If the applicant then makes an application to the court, they should at the same time file a completed family mediation information and assessment form, confirming the attendance at a mediation information and assessment meeting, or giving the reasons for not attending.

There are circumstances in which an applicant is not expected to attend a mediation information and assessment meeting.

Those include domestic abuse; the dispute concerns financial issues and one party is bankrupt; the whereabouts of the other party is unknown to the applicant; the application is being made without notice to the other party; the prospective application is urgent (which includes a risk to the life, liberty or physical safety of the applicant, or any delay in attending mediation could cause significant harm to a child, risk of miscarriage of justice or unreasonable hardship to the applicant); or that no mediators are available to conduct an initial meeting within 15 working days, subject to certain provisos.

These rules will have a big impact on divorce and children practice.

To learn more consult the experts – For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email [email protected].