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Proposals for Financial Remedies in Divorce

Posted on Tuesday, 16th September 2014 by
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The Financial Remedies Working Group have recently published their report. The group’s task, as given by the President of the Family Division, was described as “to explore ways of improving the accessibility of the system for litigants in person and to identify ways of further improving good practice in financial remedy cases, confined to matters of practice and procedure”.

There is no date for any of the recommended changes to take effect, if they take effect at all.

 

In brief the main recommendations are as follows:

  1. A review as to whether the Magistrates Court can deal with financial remedies. There has been emphasis in recent times on having one unified family court, but currently the Magistrates only deal with children disputes (both public and private) to really have a unified court the Magistrates should be able to deal with both.

 

  1. Simplifying all financial remedy forms. Using the Form E for all applications and abolishing the Form E1 and E2.

 

  1. Simplifying the process of issuing proceedings.

 

  1. The FDR to take place on the first court Hearing (instead of the second)

 

  1. Financial Proceedings are to no longer be linked with Divorce. The processes are currently quite separate but currently there must be a decree nisi in the divorce for the court to make an Order.

 

  1. The MOJ pay for all MIAMs (Mediation Information and Assessment Meetings) for 12 months to try to increase the uptake of mediation.

 

  1. Guidance issued for Litigants in person.

 

  1. Court Order to be drafted in lay mans terms for litigants in person to understand.

 

There have also been recommendations that standard Orders should be used which the group has drafted. This is a point for concern, in order to unify and streamline children proceedings standard orders were introduced here. However it has been found the Orders contain pages of clauses which are not relevant and so are simply crossed out and the space left for relevant information is too small which has lead to schedules needing to be drafted (which is akin to drafting the Order as you would have previously). This has lead to a huge amount of frustration and time wasted. There is the possibility this will be the same for financial remedy orders.

Our Solicitors in Loughbrough are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Loughborough please contact us.

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer.  If you are interested in obtaining advice, please contact one of our solicitors who will be happy and able to advise you on your own particular circumstances.

 

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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