Family Law

While you were enjoying your Easter break, some changes to the Family Procedure Rules 2010 came into force by virtue of the Family Procedure Amendment Rules 2012. So what new developments do you need to be aware of if you are making an application as of 6 April 2012?

Main changes

While there have been some minor wording changes to several of the rules, the main thing to note is the use of statements of truth rather than affidavits in matrimonial and civil partnership proceedings (the Affidavit in support of Petition is no longer an affidavit but verified by statement of truth). Likewise the Form E (and E1 and E2) should no longer be sworn but signed with a statement of truth.

Permission applications under Part III MFPA 1984 are excluded from the definition of financial remedy by rule 2.3(1).

Addition and removal of parties - a new rule 9.26B provides that the court can join or remove parties to financial remedy proceedings where it is desirable to do so.

A new rule 29.12 makes provision for access to and inspection of documents held by the court - essentially non-parties require the permission of the court.  

Forms

The form changes to note are:

• C100 (the question about the outcome of mediation has been removed);
• D8 the Petition (minor changes to Part 3 and Part 4)
• D8N Nullity Petition
• D80A-G Statements in support of Petition (formerly affidavits)
• D13B the statement (formerly affidavit) to dispense with service of the petition
• D84Application for decree nisi (wording change to reflect attaching of statement in support rather than affidavit)
• D81Statement of Information for a consent order (clearer that each party must sign to confirm they have read the other's form)
• Forms E, E1 and E2 (no longer sworn, and Form E is now named more clearly)
• D50A, D50B, D50C, D50D, and D50G - change of form name

Practice Directions

PD5A now makes it clearer which forms to use in Part 18 Applications - D11 should be used in proceedings under parts 7, 8 and 9 and  C2 in part 12 proceedings. In any other case, use FP2.

PD33A provides a revised form of wording to be used on an undertaking for payment of money as follows:

"If you fail to pay any sum of money which you have promised the court that you will pay, a person entitled to enforce the undertaking may apply to the court for an order. You may be sent to prison if it is proved that you-

(a) have, or have had since the date of your undertaking, the means to pay the sum; and

(b) have refused or neglected, or are refusing or neglecting, to pay that sum".

PD36A now formally revokes the list of SIs that appear in that practice direction

There have also been minor changes to PDs: 2A, 6A, 7A, 7B, 9A, 12B, 14B and 27A.

The rules themselves can be found by clicking here.

And Practice Directions by clicking here.