Non-Court Resolution – Changes to the Law
The Family Procedure (amendment no 2) Rules 2023 comes into effect in April 2024.
The aim of this rule is to encourage parties to consider all types of options, not just mediation, when considering how to manage and resolve the division of assets on divorce. It is hoped this will bring a quicker conclusion to the financial dispute.
Currently, the Court is able to adjourn proceedings to refer the case to other methods, but only if both parties agree. This Rule makes the change, so that the court can do this, even if both parties don’t agree (without good reason).
Indeed, within proceedings the parties will be required to file a form indicating their views on using no court dispute resolution. The Rule states “failure to engage in non-court dispute resolution, without good reason, could lead to the departure of the general starting point of ‘no order as to costs.’
It is hoped that this will encourage (not to mention put pressure on!) parties and their representatives, to resolve as much as they can away from the court arena. Private FDR sessions, arbitration, collaboration as well as mediation are all available, and may be quicker and cheaper than the court route.
If you require financial advice on divorce, or any other related issue, please do not hesitate to get in touch with a member of our experienced family team on 0333 305 7777 or info@progressionsolicitors.com.
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