Family Procedure Rules Definition

GLOSSARY

What does Family Procedure Rules mean?

Family Procedure rules 2010 (FPR 2010), SI 2010/2955 implemented on 6 April 2011 was the largest wholesale reform of family procedure since the introduction of the Family Proceedings Rules 1991 (FPR 1991) and are made up of 40 parts.

The key features are: they apply to the Family Court and High Court, Family Division; the overriding objective; case management provisions; a streamlining of procedure; comprehensive practice directions; contain non-court dispute resolution and also introduced a wide range of new forms.

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Procedural guide—application for a freezing order—family proceedings

Procedural guide—application for a freezing order—family proceedings Where there are concerns that a party intends to dispose of assets in a way that will defeat a claim for financial provision, or has already done so, immediate action may have to be taken to secure the assets. Freezing orders (historically known as Mareva injunctions) are an interim remedy and may be made under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20 or under the inherent jurisdiction. An application to restrain future dealings is most commonly made under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5 Part 14, para 74(2) of the Civil Partnership Act 2004 (CPA 2004). The purpose is to prevent a party removing assets located in England and Wales, or dealing with assets wherever they are located. The applicant has to show that there is a good arguable case against the respondent and a real risk that a judgment will go unsatisfied because of the disposal by the respondent, or that refusal...

Procedural guide—dissolution of civil partnership (pre-DDSA 2020)

Procedural guide—dissolution of civil partnership (pre-DDSA 2020) This Procedural Guide sets out the steps to be taken on an application for a dissolution of a civil partnership in an undefended case under the Civil Partnership Act 2004 (CPA 2004) in relation to proceedings that were issued before 6 April 2022. It includes guidance on who may apply, irretrievable breakdown, service of the petition, and filing an acknowledgment of service. It also details evidence that must be filed to prove the fact relied on, applying for a conditional order of dissolution, the final dissolution order and how to deal with costs. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came in to force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by...

Introduction to the Family Procedure Rules 2010

The introduction of the Family Procedure rules 2010 (FPR 2010), SI 2010/2955 on 6 April 2011 was the largest wholesale reform of family procedure since the Family Proceedings Rules 1991 (FPR 1991). Subsequently, numerous amendments have been made to the FPR 2010, notably concerning the introduction of the single Family Court in 2014, children proceedings (private and public), and expert evidence, see: Family law reform—overview for further details.11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime, including amendments to FPR 2010, see Practice Notes: Family proceedings with EU connections—toolkit and Brexit—Family Procedure Rules 2010 [Archived].FPR 2010 is made up of 41 Parts, divided into separate chapters and rules, and adopting a format similar to the Civil Procedure Rules 1998, SI 1998/3132 (CPR 1998), with linked...

FPR 2010—transitional arrangements [Archived]

ARCHIVED: This archived Practice Note provides details of the transitional provisions that were put in place on the coming into force of the Family Procedure Rules 2010, replacing the Family Proceedings rules 1999 in 2011. It is for background purposes only and is not maintained. For practical guidance on the general principles of the FPR 2010, see Practice Notes: Family Procedure Rules 2010 index, Introduction to the Family Procedure Rules 2010, Court's case management powers—FPR 2010 and FPR 2010—overriding objective.IntroductionThe transitional arrangements for the Family Procedure Rules, SI 2010/2955 (FPR 2010) are set out in FPR 2010, PD 36A and supplement FPR 2010, Pt 36. FPR 2010, PD 36A deals with the application of the FPR 2010 to proceedings started before 6 April 2011 (existing proceedings).Previous rulesPrevious rules replaced by the FPR 2010 are defined as the Family Proceedings Rules 1991 (FPR 1991) together with the Rules of the Supreme Court 1965 and County Court Rules 1981 (as in force immediately before 26 April 1999) and:•Maintenance Orders (Facilities for Enforcement)...

Discover our 348 Practice Notes on Family Procedure Rules

Letter to client enclosing order made at FDR and explaining final hearing preparation

Letter to client enclosing order made at FDR and explaining final hearing preparation Dear [insert client name] Finances I enclose a copy of the order made by [insert name of judge] at the financial dispute resolution (FDR) appointment on [insert date] at the [insert name of court]. The order provides that: • [your case has been listed for a pre-trial review on [insert date] at [insert time] at [insert name of court]] • your case has been listed for a final hearing on [insert date] at [insert time] at [insert name of court], with a time estimate of [insert number] days. You must ensure that you are available to attend court, including for the purposes of giving oral evidence and I would be grateful if you could confirm that you will attend court for the duration of the final hearing • both you and your [former] [husband OR wife OR civil partner] must file and serve your ‘section 25’ narrative statements by [insert date]...

Specimen statement of issues for a first appointment—financial remedy application

Specimen statement of issues for a first appointment—financial remedy application In the Family Court sitting at [location] [Case No] Between 1 [insert name] Applicant And 2 [ insert name] Respondent Statement of issues for the First Appointment on [date] Issue Applicant’s position Respondent’s position 1. Clean break The applicant contends that there should be a joint lives maintenance order because [insert concise details] The respondent contends that a clean break will be possible because [insert concise details] 2 Identification of assets to be divided Should [ [[identify asset] inherited by the [applicant OR respondent OR ] OR [identify asset] owned by the applicant OR respondent] prior to the marriage]/ [as appropriate] ]/] be included in the assets to be divided or be ring-fenced? This is a needs case as a result of which ring-fencing is not possibleOr [identify asset] was recently inherited by the applicant from their parents. The property has not been intermingled with other assets. It should be...

Dive into our 19 Precedents related to Family Procedure Rules

Can interest be claimed in relation to maintenance arrears payable under a periodical payments order?

Can interest be claimed in relation to maintenance arrears payable under a periodical payments order? It would appear that interest is not payable on arrears due under orders for periodical payments made, or registered, in the Family Court. The County Courts (Interest on Judgment Debts) Order 1991, SI 1991/1184 (as applied to the Family Court by the Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014, SI 2014/1773, art 2) applies only to sums of £5,000 or more due under a lump sum order. However, there seems to be no such restriction on interest accruing on such arrears of periodical payments under orders made, or registered, in the High Court. The position was described by Mostyn J as ‘legally complex’, ‘murky’ and ‘difficult territory’ in Re TW and TM (Minors) (Child Maintenance: Jurisdiction and Departure from Formula) (at paras [17]–[19]). The answer may, therefore, be to transfer the order for enforcement purposes to the High Court subject to the requirements of Family Procedure Rules 2010...

Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally made without notice, do they need to be served with the final order for the non-molestation order to continue?

Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally made without notice, do they need to be served with the final order for the non-molestation order to continue? Family Procedure Rules 2010, SI 2010/2955, 10.6(1) (FPR 2010) provides that in relation to applications made under Part IV of the Family Law Act 1996 (FLA 1996), the applicant must, as soon as reasonably practicable, serve the respondent personally with a copy of the order and, where the order is made without notice, a copy of the application together with any statement supporting it. Where an order is made by lay justices, a copy of the written record of the court’s decision must also be served personally. A non-molestation order made under FLA 1996, Pt IV will not be enforceable unless it can be shown that the respondent is aware of the order, so it is essential that the applicant complies with the requirements for service. The requirement for personal service applies regardless...

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PI & Clinical Negligence weekly highlights—12 December 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a High Court case which looked at the use of intermediaries to assist vulnerable parties in personal injury claims. We also consider a Court of Appeal decision which ruled that denying hire charges based solely on the lack of a valid MOT would be a disproportionate response to the relatively minor nature of that offence. We also include our usual roundup of other news, cases and New Law Journal articles of interest.

Key family law developments in 2024 and looking ahead to 2025

Family analysis: The Lexis+ Family Practical Guidance ‘Next Generation’ Consulting Editorial Board (CEB) review the most significant family law developments in 2024 and consider what they anticipate may be key developments in 2025. The ‘Next Generation’ CEB members are Matt Foster, senior associate at Charles Russell Speechlys LLP, Aimee Jones, senior associate at Sternberg Reed LLP, Laurie Kershaw, senior associate at JMW Solicitors LLP, Sacha Lee, associate at Dawson Cornwell LLP, and David Wilkinson, solicitor at Slater Heelis.

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