What are the Family Procedure Rules?
The Family Procedure Rules are rules administered by the Family Procedure Rule Committee which govern the procedure and practice to be followed in family proceedings.
What has recently changed?
On 29th April 2024, a welcomed change was made to the rules placing greater emphasis and expectation on practitioners, parties, Courts and families to use non-Court based methods to resolve finances following a divorce and arrangements for children. Parties who have previously been under the Court process may recall being asked to attend mediation in the first instance. The new rules however place a much wider definition on non-Court dispute resolution methods including arbitration, private financial dispute resolutions, arbitration and collaborative divorce, ensuring all avenues are explored and considered. [https://www.justice.gov.uk/courts/procedure-rules/family]
It is now therefore a requirement that parties sign a statement of truth confirming their views on engaging with out of Court dispute resolution methods. Parties are required to provide a valid and good reason why they are not willing to engage with these methods and it is no longer a case of being able to simply say that “mediation is not suitable”. Failure to engage without good reason (one of which is where there is or has been domestic abuse) risks potential cost sanctions, i.e. one party could be ordered to pay the legal costs of taking the matter to Court for both parties.
The Court will also have the power to adjourn proceedings if they feel these out of Court methods would be appropriate.
What are the benefits of attending Non-Court Dispute Resolution?
It is not always possible to keep matters outside of the Court arena but there are advantages to attempting non-court dispute resolution in the first instance and measures put in place to make it as effective as possible, such as:
- There is not a requirement that the parties have to be in the same room whilst negotiations take place;
- Any agreement reached is an agreement reached between the parties meaning that it can be more flexible and appropriate as opposed to being imposed by the Court which may be in neither party’s interests;
- There is likely to be a significant saving in legal costs;
- Neither party have the worry and / or stress of attending Court (which for can be significant, especially is it is the first time they have been in a Court building);
- Where children are involved, keeping the matter outside of the Court arena potentially means that the matter is resolved more swiftly and amicably which supports the wellbeing of the children.
What does this mean for me?
It is important to consider whether non-Court dispute resolution methods are appropriate to resolve your matter before proceeding through the Court. This is particularly important due to the potential cost sanctions.
Solicitors can help you with the drafting of any agreement you reach in order to ensure this accurately reflects your agreement and protects your legal position in the future. It may also be helpful to discuss with a Solicitor the options available to you and the legalities surrounding division of assets/arrangements for children prior to attempting any non-Court dispute resolution.
Family Solicitors Near Me
At Bridge McFarland, our team of experienced family law solicitors have assisted countless couples in resolving finances and arrangements for children following a separation. Whether you expect your separation to be straightforward or you are aware that there are complexities and potential conflicts, we can support you.
Our team understands the challenging nature of deciding to split from your spouse. We will do all we can to simplify the process for you and advise on the best course of action to take.
To speak to our team today, please call 0800 987 8800 or email info@bmcf.co.uk. We have offices in Hull, Lincoln, Louth, Market Rasen, Scarborough and Grimsby and possess resources to assist you anywhere in England and Wales.
