27 March 2026 / David Burrows

Issue: 8155 / Categories: Features , Family , Practice areas

More than two sides?

David Burrows explores examples where a non-party can join a case about who gets what in the divorce

When should a non-party be joined in family financial provision proceedings?
Identify preliminary issues, add any non-party relevant to that issue and order prior hearing as appropriate.
When is it ‘desirable’ to add; and will this result in a separate trial of a preliminary issue?

This article considers how preliminary issues in financial provision (divorce or civil partnership) proceedings can, or should, be dealt with; and, in appropriate cases, it deals with the adding of non-parties according to the extent of their interest.

The article is prompted in part by the February appeal decision of Ms Justice Henke in Archer v Archer & others [2026] EWHC 468 (Fam). Henke J has sent the case back for rehearing (for facts).

Addition of non-parties

When the then ‘new ancillary relief scheme’ was introduced in 1996 for Matrimonial Causes Act 1973 (MCA 1973) financial provision cases (a scheme adopted also for Civil Partnership

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More than two sides?

Issue: 8155 / Categories: Features , Family , Practice areas

David Burrows explores examples where a non-party can join a case about who gets what in the divorce

When should a non-party be joined in family financial provision proceedings?
Identify preliminary issues, add any non-party relevant to that issue and order prior hearing as appropriate.
When is it ‘desirable’ to add; and will this result in a separate trial of a preliminary issue?

The article is prompted in part by the February appeal decision of Ms Justice Henke in Archer v Archer & others [2026] EWHC 468 (Fam). Henke J has sent the case back for rehearing (for facts).

Addition of non-parties

When the then ‘new ancillary relief scheme’ was introduced in 1996 for Matrimonial Causes Act 1973 (MCA 1973) financial provision cases (a scheme adopted also for

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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More than two sides?

Addition of non-parties

Addition of non-parties

MOVERS & SHAKERS

Charles Russell Speechlys—James Paterson

Ellisons—Samuel Flower

Sidley—Carl Hotton