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Consultation launched to facilitate de-linking of financial applications from divorce / dissolution proceedings

Amendments to FPR Part 9 proposed

The Ministry of Justice has launched a consultation on proposed amendments to Part 9 of the Family Procedure Rules (FPR): Application for a financial remedy.

The amendments are intended to facilitate the "de-linking" of applications for a financial order from proceedings for a decree of divorce or dissolution of a civil partnership, so that it will no longer be possible to make an application for a financial order in a divorce petition or dissolution application. Rather, applications for financial orders will be capable of being made separately at any time after issuing a divorce petition or dissolution application. This change is referred to the consultation paper as "procedural delinking").
The amendments would also make changes to the types of financial remedy cases to which the procedure in Chapter 5 of Part 9 of the FPR applies, rename that procedure as "fast track" and make some minor changes to the procedure itself.

For the consultation paper, click here. For an extract from Part 9 of the FPR showing the proposed amendments, click here. For a letter sent to stakeholders concerning the proposals, click here.

The consultation closes on 8 September 2017.