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What are the Family Procedure Rules?
The Family Procedure Rules 2010 set out family court procedures in England and Wales. They ensure all court users – judges, solicitors, barristers, and litigants in person – understand what’s expected of them and how the various procedures operate. Practice Directions supplement the rules, providing a helpful guide for dealing with a case in the court and ensuring the adoption of a uniform approach nationwide.
Changes to the Family Procedure Rules
For many years, it’s been clear to all court users that the family court is overwhelmed with financial and children’s applications. In addition, the court recognises that such applications are time-consuming and expensive. Accordingly, a significant update to the rules in April 2024 represents a cultural shift away from litigation. Instead, the focus turns to alternative methods of resolving disputes.
Before the update, the rules required those wanting to issue a court application under the Children Act 1989 (for children matters) or the Matrimonial Causes Act 1973 (for financial matters) to attend a Mediation Information Assessment Meeting (MIAM) with a mediator, unless exempted.
Form FM5
Under the new rules, parties must complete and submit Form FM5:
- stating their views on non-court dispute resolution (NCDR); and
- setting out their attempts to use non-court processes before issuing their court application.
The court carefully considers whether the rules have been complied with to ensure the parties have genuinely attempted to resolve their dispute before resorting to the family court process.
The court also now has the power to adjourn hearings to encourage the parties to use NCDR. A party or parties failing to engage with NCDR without good reason will likely face costs consequences.
However, cases involving domestic abuse remain exempt.
Definition of NCDR expanded
The new rules broaden NCDR’s definition to provide the best possible opportunity for success. NCDR now includes mediation, arbitration, neutral third-party evaluation, and collaborative law. However, the list is intentionally non-exhaustive, readily accommodating other forms of dispute resolution.
Next steps
Everyone’s situation is unique, whether your dispute involves children, finances, or both. Therefore, not every resolution process will be suitable for you. It’s crucial to take advice from a specialist family law solicitor who will guide you to the right process and ensure a fair outcome for everyone involved. Call me on 01793 615011 or complete the Contact Form below.