header-logo header-logo

23 June 2011 / Geraldine Morris
Issue: 7471 / Categories: Features , Family
printer mail-detail

Under new rule (6)

Geraldine Morris considers whether the options for financial relief in family proceedings are on the right track

Practitioners are likely by now to have started to experience the changes introduced by the Family Procedure Rules 2010 (FPR 2010). In relation to financial orders (ancillary relief as was) the majority of the relevant procedural provisions can be found in FPR 2010, Pt 9 and the linked practice direction (PD) 9A. However, a feature of the new rules is that no application to the court, whether financial or children related, can be looked at in isolation. The overarching principles either introduced or cemented by the rules will impact on financial orders as much as any other. Key provisions to take into account are:

 

  • Terminology—the glossary to the FPR 2010 isn’t particularly enlightening (most practitioners will surely know the meaning of “affidavit”) but it is clear from the rules themselves that an attempt has been made to modernise the terminology which in the case of financial proceedings is marked by a shift from the slightly antiquated
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

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll