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
