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.