Significant changes to the Family Procedure Rules (FPR) took effect on 29th April 2024. These rules, established in 2010, underwent revisions to encourage Courts, family practitioners, and families navigating breakdowns to prioritise non-Court-based solutions for resolving financial and children-related disputes.
What are the FPR?
The Family Procedure Rules serve as the guiding principles for processes and procedures within the Family Court system of England and Wales. Governed by the Family Procedure Rule Committee, these rules outline practice directions, allocate judicial powers, prescribe forms, and regulate Court procedures throughout the country.
What are the changes being made?
The main reason for the updates is to include a broader definition of non-Court dispute resolution (NCDR), going beyond mediation to include:
- collaborative divorce;
- arbitration; and
- private financial dispute resolutions.
Notably, divorcing couples will now need to file and serve on the other party a form expressing their stance on NCDR, accompanied by a signed statement of truth, fostering genuine consideration of out-of-Court methods for resolving their dispute.
Failure to engage in NCDR without a valid justification (aside from situations involving domestic abuse) will result in heavy judicial scrutiny and be considered when the Court decides whether the party refusing to engage in NCDR should be ordered to pay the legal costs of the other party. Additionally, exemptions for mediation qualification will be more limiting.
Courts will have the authority to adjourn proceedings if the Judge thinks that an NCDR would be the best course of action giving couples time to engage in NCDR.
The changes implemented shift the process in which the ways couple separate encouraging them to engage with alternative dispute resolution avenues, with the aim to:
- promote amicable resolutions
- Safeguard the children’s wellbeing
- Remove pressure from the Courts
What options exist for NCDR?
Solicitors can discuss several NCDR options at an early stage of their involvement to determine which would be best suited to you including:
- mediation (including hybrid, shuttle, child-inclusive, and online formats)
- collaborative law
- arbitration;
- and private financial dispute resolution (pFDR).
What does this mean for individuals undergoing divorce?
It’s crucial for individuals to understand that not giving non-Court dispute resolution such as mediation a chance is no longer a viable option. If you believe an NCDR is not right for you then you must give reasons to the Court and failing to give valid justification will result in cost sanctions.
These changes reflect a broader initiative by the Ministry of Justice to empower families undergoing relationship breakdowns by ensuring they are well informed about available options and supported throughout the process.
How can we help?
Emma Davies is a Partner in our Family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500.
Emma specialises in divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and post nuptial agreements, cohabitation agreements and separation agreements along with private law Children Act disputes. Emma is a qualified collaborative practitioner.
If you need further advice on the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
For more information or advice, please call Emma or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.