Finding a better way – Changes to the Family Procedure Rules

5th June, 2024 by Louise Hunt

The Family Procedure Rules (FPR) have been in place since 2010 and regulate the procedures and processes of the Family Court system in England and Wales. The intention behind the rules is to provide consistency and standardisation to court procedures in the Family Courts across the UK Jurisdiction.

From 29 April 2024 a number of changes have come into force of which are focused upon strengthening the approach to Non Court Dispute Resolution (NCDR) both within Children and Financial Proceedings – making this a key consideration of the parties, Judges and solicitors throughout the case. The key changes in this regard are as follows:

A wider definition of Non Court Dispute Resolution– this previously focused on mediation but has now been widened to include arbitration, collaborative law, and private dispute resolution processes alongside mediation.
Completion of Form FM5 - This is a document to be completed and lodged with the court and served on the parties, which sets out each party’s respective positions on NCDR on an open basis and includes a statement of truth. The reasoning behind this is to ensure parties and their representatives continually review on an ongoing basis alternative approaches to resolve matters outside of the court process.
The Court can adjourn proceedings if it considers NCDR is a suitable option –Previously, Judges were able to adjourn proceedings if parties agreed to engage with NCDR. The requirement for agreement has now been removed and the court will now be allowed to adjourn proceedings to facilitate NCDR if it considers it appropriate and suitable in the circumstances. Failure to engage without good reason may lead to costs implications for the party that fails to attend. Whilst ‘good reason’ is not clearly defined – what is clear is that parties will need to make genuine attempts at trying to progress matters outside of the court arena and this is further emphasised by the FPR narrowing mediation exemptions.

The intention behind these changes is that the parties are given every opportunity to try to agree matters outside of the court forum. With a far greater emphasis placed on considering NCDR throughout the duration of the case – as opposed to only at the beginning. The hope is that this will assist many separating couples to navigate relationship breakdown as amicably and as conciliatory as possible reducing the need for court involvement and hopefully reducing legal fees.

We have specialist collaboratively trained family lawyers within the team who are very experienced with working with separated couples in a variety of situations and can therefore assist with NCDR in line with the updates set out above. Therefore if you need any help with these issues, please contact a member of our family team here.

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

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