MoJ consults on plans to 'de-link' financial proceedings from divorce and dissolution proceedings

Additionally, the proposed amendments would also make changes to the types of financial remedy cases to which the procedure in Chapter 5 of Pt 9 of the FPR applies, rename that procedure as 'fast track' and make some minor changes to the procedure itself.

'This consultation merits very careful consideration. There are some fundamental issues in play. Accordingly it is rather unhelpful that the consultation, which seems to present matters on a rather narrow basis, has been launched by the MoJ just before the summer recess. As such the deadline, 8 September, gives precious little time for responses to be submitted.

Amongst other things, I am not comfortable with the consultation’s proposal that financial claims be removed from the petition (application for a matrimonial or civil partnership order) itself, particularly if the petitioner/applicant were to remarry without having made an application for a financial order, thereby being statute-barred from doing so. De-linking can happen without that.

Whilst the consultation refers to the fact that the President noted in his 17^th View that only a minority of divorce cases give rise to a money claim, it is important for parties, particularly litigants in person, to be aware of the implications that there may be by leaving financial aspects unresolved, without a consent order dismissing potential claims. Wyatt v Vince [2015] UKSC 14 demonstrated such risks when a former wife successfully brought a claim for financial remedies some twenty years after decree absolute.

As for the proposed introduction of the term "fast-track" for even financial relief claims limited to periodical payments or lump sums of up to £25,000, there appears to be nothing mentioned of any pilot. Moreover, I would be very surprised if such a procedure would massively improve the current delays within the court system.'