New Family Law Rules

New Rules!

I hear you all ask what are the New Rules all about?

They are a reform which represents one of the most significant developments in Family Courts for years.

The theory is that the introduction of the new Family Procedure Rules 2010 (SI 2010 No 2955), which have effect from 6 April 2011, will provide a unified procedural code for family proceedings in the High Court, county courts and magistrates’ courts. The New Rules will replace all the existing rules and create a comprehensive and accessible source for all who come into contact with the family justice system. The majority of forms used in family proceedings have also been revised, many have been given a fresh look and tick box options are appearing on most forms. This will make the forms quicker to complete but complete with caution to ensure your tick does not end up in the wrong box!!

In practice the launch of the new rules are a minefield for family Practioners who have not been given access to all the new forms. Further, across the country County and Magistrate Courts are adopting their own policies as to when they will be enforcing the New Rules. This may be due to the fact that some Judges have been unable to enrol on courses concerning the new rules until later this year.
The previous rules should continue to be applied to proceedings that were commenced before 6th April 2011 but the first time on or after 6th April 2011 proceedings come before a Court the Court may direct how the Family Procedure Rules apply or disapply. The general presumption therefore for Family practitioners will be that the Family Proceedings Rules apply unless the Court directs otherwise under Practice Direction 36A.
The rules should not have a great impact on clients save for the introduction of the mandatory mediation assessments before making any application to the Court for disputes concerning children or finances.
The New Rules are structured to ensure that family court proceedings have a uniformed ethos relating to the form on which applications are made, timescales, costs, enforcement, and how evidence should be presented. These are just a few of the areas covered in the rules. The New Rules have also been written in a manner which is intended to be easier to decipher with less Latin terminology. Also, phrases such as an Ancillary Relief application have disappeared, now referred to as a Financial Order Application. The Divorce Petition is now called a Divorce/Dissolution/(judicial) separation Petition and Divorce Proceedings are referred to as an Application in Matrimonial Proceedings. The Family Proceedings Rules refer to applications and Petitions rather than Divorce like the Matrimonial Cause Act 1973. However, phrases such as Decree Nisi and Decree Absolute remain in the New Rules.
In conclusion, Family Practitioners know what to expect but can give no guarantees how the new rules will be enforced or accepted by different regional Courts!
For more information please contact Amy Walpole, Partner & Head of our family law department.

Are you ready for Mandatory Mediation from the 6th April?

The Government has radically reformed the Family Law system to encourage people to take advantage of alternative sources of help and advice to resolve matters without involving expensive lawyers or Courts.

From 6 April 2011 new Court Rules makes it mandatory for separating and divorcing Couples to attend a Mediation Assessment meeting before making an application to Court, in relation to disputes regarding children and financial issues.

The Government's introduction of compulsory mediation awareness meetings means that no person can apply to the Court to seek the help of the Court to resolve their issues, unless they have attended a Mediation Assessment. There are of course exceptions in cases involving domestic abuse or child protection issues. Further, if mediation is not a workable option, for example one party refuses to take part in it; the case can still proceed to Court. If you have no issues to resolve and simply want to divorce and can reach a financial agreement without the intervention of formal Court proceedings, then you do not need to attend a Mediation Awareness meeting.

The thought process behind the introduction of these meetings is that in the longer term, successful mediation is more often than not cheaper and quicker than negotiations through solicitors or the Court process. Thus, this system ensures that this process is always considered before clients embark on an application to the Court.

However, in some regions there is a shortage of qualified mediators and one has to wonder if the Government has considered the impact of compulsory referrals to mediation on mediators - is the increased intake of referrals going to increase delays for clients?

Amy Walpole, Head of the Family Team at Rogers & Norton Solicitors comments “generally, all Resolution family solicitors will aim to achieve an agreed solution through negotiation and discussion because we all recognise that going to Court is stressful and expensive for our clients. Mediation and collaborative law are additional options which I always discuss with clients. However, these options are not suitable to all clients and reaching an agreement is not always possible without Court intervention. It is questionable whether these clients should then be forced to attend a Mediation Assessment which could delay proceedings and allow tension to increase between the parties. This is a controversial subject and there are swings and roundabouts depending on your client interest and needs. “

Some clients are apprehensive about engaging in the Mediation process as a mediator can provide information to the parties but not legal advice. This ensures that the Mediator remains neutral, and this is why people are encouraged to seek background support and advice from their independent solicitors during and at the conclusion of the mediation process.

If Mediation is not appropriate some people may wish to consider engaging in the Collaborative Law Process which allows a client to benefit from open negotiations by way of 4 way meetings with their partner or spouse and their legal representative. With the Collaborative approach both clients also benefit from receiving independent legal advice throughout the process.

For for information please contact Amy Walpole.