Apr 1, 2011

The Family Proceeding Rules 1991 have been replaced by the new rules,  main changes are stated

Changes to Family Rules

There is been much talk about the coming changes to the family proceedings brought about by the
new Family Proceeding Rules 2010 which are coming into effect from 06 April 2011.

The key summary features are as follows;

• Although  CPR does not specifically apply many provisions mirror the CPR.
• The rules also come with a specific practice directions which are to be read together
• There is a strong emphasis on alternative dispute resolution which now require compulsory consideration of other avenues of resolution by the parties and their advisors in non urgent financial and children cases
• Many of the forms have changed to accommodate the rise in Litigants in Person to simplify and incorporate box ticking
• Strong emphasis on pre-action disclosure in financial and children cases and rules encourage in theory the parties to co-operate with each other.
• The courts will have far wider inherent powers of management and have an overriding objective to follow as from the original 1991 rules.
• There is no special procedure for undefended divorces and decree entitlements are case by case;
• Petitions can be withdrawn before service previously could only be discontinued or after service can be withdrawn by consent.
• Ancillary Reflief is now Financial Remedy.
• 3 types of Form E.
• Statement for information more detailed and each party must sign the others one to confirm that they have seen it.
• Very detailed guidance of evidence generally and statement of truth becoming more prevalent
• The courts will provide sanctions for non compliance although relief provisions will also be subject to application.

Many of the former authorities will have to be viewed with caution as this is a radical overhaul similar to the civil procedure rules. Only time will tell whether these measure will be effective in reducing parties time in court and courts dealing with genuine disputes that other avenues of resolution have been exhausted.