Not Going to Court: The Law and What You Need to Know now

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Navigating the complexities of family law can be daunting for all considering divorce or separation.

Changes to the Family Procedure Rules, effective April 2024, have introduced significant updates to further promote non-court dispute resolutions.

At Bennett Griffin, our Resolution-trained Family Lawyers are committed to guiding you through these changes and helping you understand their impact on your journey through separation or divorce.

What Are The Family Procedure Rules?

The Family Procedure Rules (FPR) are guidelines that govern family law proceedings in England and Wales. They outline the procedures to be followed in family courts and aim to ensure that cases are handled efficiently, fairly, and justly.

These rules cover various aspects of family law, including divorce, child arrangements, and financial disputes. The primary goal of the FPR is to encourage parties to resolve disputes amicably and minimise the need for court intervention.

What Changes Have Come into Force in April 2024?

Key changes include the following.:

  • Court Form for Non-Court Dispute Resolution: Parties must complete a court form that outlines their views on engaging in non-court dispute resolution. This form must be filed with the court, served on all parties, and verified by a statement of truth (amended FPR 3.3(1A)).
  • Expanded Definition of Non-Court Dispute Resolution: The definition now includes mediation and arbitration, evaluation by a neutral third party, and collaborative law. This broadening reflects a more inclusive approach to resolving disputes (amended FPR 2.3(1)(b)).
    Our Jacqueline Mensah is a trained Collaborative Lawyer and can explain this supportive and kind approach to resolving all issues.
  • Guidance from MIAM Providers: Family Mediation Information and Assessment Meeting (MIAM) providers must inform attendees about the most suitable forms of non-court dispute resolution for their situation and provide guidance on proceeding with these methods (amended FPR 3.9(2)).
  • Adjournment for Non-Court Dispute Resolution: Courts can adjourn proceedings to encourage parties to undertake non-court dispute resolution without requiring the agreement of all parties, provided there is sufficient time within the timetable of proceedings (amended FPR 3.4(1A)).
  • Consideration of Non-Participation in Costs Orders: When determining costs orders, courts may consider any failure by a party, without good reason, to attend a MIAM or engage in non-court dispute resolution.

What Do These Changes Mean for People Going Through a Divorce?

These changes signify a greater emphasis on resolving disputes outside of court for individuals undergoing a divorce or separation.

Here’s how these changes can have an impact on you…

Encouragement of Amicable Resolutions

The new rules encourage couples to seek amicable solutions by requiring parties to express their views on non-court dispute resolution and broadening the definition of such methods. This approach can lead to more tailored and satisfactory outcomes while potentially reducing the emotional and financial strain associated with court battles.

Informed Decisions Through MIAM Guidance

MIAM providers now offer detailed guidance on the most suitable non-court dispute resolution methods. This ensures that couples are better informed about their options, helping them make decisions that are in their children’s best interests.

Flexibility in Court Proceedings

The ability of courts to adjourn proceedings to allow for non-court dispute resolution without needing unanimous agreement provides greater flexibility. This change supports a more conciliatory approach and can lead to earlier dispute resolution, saving time and resources.

Potential Cost Implications

The consideration of non-participation in costs orders means that parties who unreasonably refuse to engage in non-court dispute resolution could face financial repercussions. This encourages a genuine attempt to resolve matters amicably before resorting to court proceedings.

How Bennett Griffin Can Help!

At Bennett Griffin, we are dedicated to helping our clients navigate the complexities of family law.

As Resolution-trained Family Lawyers, we prioritise mediation, collaborative and other non-court dispute resolution methods to keep you in control of your legal outcomes and expenses.

Our collaborative approach ensures you receive expert guidance tailored to your unique circumstances.

If you are facing a divorce or separation and need assistance understanding your options under the Family Procedure Rules, please contact Jacqueline Mensah at jnm@bennett-griffin.co.uk or Sarah Pennicott at slp@bennett-griffin.co.uk.

We are here to help you find the right path, or combination of paths, for your situation.

By staying informed and seeking expert guidance, you can navigate these changes effectively and work towards a fair and conciliatory resolution.

If you have a Family issue and would like to know more about the options available to you, please contact the author, Jacqueline Mensah on jnm@bennett-griffin.co.uk  or her colleague and fellow experienced Family Lawyer, Sarah Pennicott, on slp@bennett-griffin.co.uk. We look forward to helping you find the right path, or combination of paths, for you.