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23 June 2011 / Geraldine Morris
Issue: 7471 / Categories: Features , Family
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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
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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